What is the test for construction of a deed?
Saskatchewan, Canada
The following excerpt is from Wernicke v Quirk, 2011 SKCA 95 (CanLII):
While construction of a deed is a question of law, to the extent that a deed must be interpreted in the context of facts and factual inferences, its review may also raise questions of mixed fact and law. If a trial judge fails to consider relevant evidence, or makes palpable and overriding errors in finding the facts, or drawing inferences from those facts, this court will intervene. As Hallett, J.A. observed in speaking for this court in Metlin v. Kolstee, 2002 NSCA 81 (N.S.C.A.):
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