Is intent relevant to the meaning of the words "intention" in the context of a contract?
British Columbia, Canada
The following excerpt is from Jakab v. Sauer, Mogan, De Jager & Volkenant, 1997 CanLII 1871 (BC SC):
As McLachlin J. stated in Machtinger v. HOJ Industries Ltd. 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986 at 1008: The intention of the contracting parties is relevant to terms implied as a matter of fact, where the question is what the parties would have stipulated had their attention been drawn at the time of contracting to the matter at issue. Intention is not, however, relevant to terms implied as a matter of law. (underlined in the original)
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