What is the test of common intention in common law property analysis?
British Columbia, Canada
The following excerpt is from Ibbotson v. Fung, 2011 BCSC 1021 (CanLII):
Accepting that Kerr v. Baranow, 2011 SCC 10 has “transformed the legal discourse specifically regarding resulting trust claims and the role of common intention and also has further expanded a framework of common law property analysis to include a test of joint family venture”, counsel argues that these aspects are not pertinent to the foundation of this claim.
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