What is the test for determining the intent of a party in a personal injury case?
British Columbia, Canada
The following excerpt is from Don Francesco Restaurant (2013) Ltd. v Oxford Properties Group Inc., 2017 BCSC 1285 (CanLII):
However, if the wording is ambiguous, the court can examine the factual matrix to resolve that ambiguity. In that situation, the court can refer to extrinsic evidence, including the parties’ conduct, as evidence of the parties’ intentions (see McCarvill v. Parker Cove Properties Limited Partnership, 2004 BCCA 659, at para. 17).
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