What is the test for determining the manifest intention of Mackinnon J. in her Reasons of February 2008?
Ontario, Canada
The following excerpt is from Benson v. Benson, 2009 CanLII 14384 (ON SC):
While justice and equity are always sought to be achieved, the issue involves a determination of the manifest intention of Mackinnon J. in her Reasons of February 19, 2008 as reflected in her formal Judgment – in particular paragraphs 16 and 18 (See Johnston v. Johnston, [2001] O.J. No. 3902).
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