What is the test for finding there is no agreement?
Manitoba, Canada
The following excerpt is from Giesbrecht v. Heppenstall, 1999 CanLII 14131 (MB QB):
Ensuing decisions, such as Pettkus v. Becker (1980) 1980 CanLII 22 (SCC), 19 R.F.L. (2d) 165 (S.C.C.), focused more on facts where the court finds there was no agreement and looks at the matter as a question of shear equity.
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