What is the current state of the law on common intention in domestic violence cases?
Manitoba, Canada
The following excerpt is from McLean v. McLean, 2012 MBQB 206 (CanLII):
Although, in Kerr, the court concluded that “the common intention resulting trust has no further role to play in the resolution of domestic cases” (para. 24), it would appear, and counsel acknowledge, that it continues to apply in other situations (Chambers v. Chambers, 2012 BCSC 82, [2012] B.C.J. No. 111, para. 33), including the circumstances involved in this case.
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