What is the test for determining whether a party’s intentions were in the context of their intentions in a personal relationship?
British Columbia, Canada
The following excerpt is from Bartch v Bartch, 2019 BCSC 1643 (CanLII):
As noted, the parties’ subjective intentions are relevant, but not determinative: O.C. v. KC, 2016 BCSC 72 at para. 18. As Justice Chappel recently noted in Al‑Sajee v. Tawfic, 2019 ONSC 3857 at para. 31, “objective evidence from the relevant time frame is ‘more probative of the nature of the parties' relationship than the viva voce evidence of the parties in the midst of acrimonious and bitter proceedings’ (Macmillan-Dekker v. Dekker, 2000 CarswellOnt 2808 (S.C.J.), at para. 22).”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the testimony of a party or interested person have to be disregarded or discounted on the grounds that they have a personal or financial relationship with a party? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
What is the test for determining whether a party has intended to injure another party in a motor vehicle accident? (British Columbia, Canada)
In a personal injury case, what is the standard for determining whether a party owes a fiduciary obligation? (British Columbia, Canada)
What is the test for determining whether a person has been injured by another person? (British Columbia, Canada)
Is a fiduciary relationship between parties determined by relationship rather than status or occupation? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining the intent of a party in a personal injury case? (British Columbia, Canada)
