What is the test for establishing that the intention of the parties is determinative of the nature of the relationship between the parties?

Ontario, Canada


The following excerpt is from Stewart v. Tudorachi, 2006 CanLII 6916 (ON SC):

He points me to a number of principles established in the decision of Walsh v. Bona[2]. He argues that that case establishes that it is the intention of the parties which is determinative of the nature of the relationship between them. He argues that in this case it is clear that the parties intended at all times to treat themselves as though they were formally married.

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