What is the common intention of the parties in the context of the acquisition, preservation and improvement of a property?
British Columbia, Canada
The following excerpt is from Oppermann v. Andersen, 2009 BCSC 992 (CanLII):
As Dickson J. (as he then was) observed in Becker v. Pettkus, the common intention is rarely expressly stated, but must be gleaned from the conduct of the parties: at 843. In determining whether the necessary common intention existed, the court must take into account all the circumstances concerning the acquisition, preservation and improvement of the property: see Frederkind v. Frederkind, [1999] B.C.J. No. 2476, at para. 9.
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