What is the test for determining whether a party’s intentions were in the context of their intentions in a personal relationship?
British Columbia, Canada
The following excerpt is from Bartch v Bartch, 2019 BCSC 1643 (CanLII):
As noted, the parties’ subjective intentions are relevant, but not determinative: O.C. v. KC, 2016 BCSC 72 at para. 18. As Justice Chappel recently noted in Al‑Sajee v. Tawfic, 2019 ONSC 3857 at para. 31, “objective evidence from the relevant time frame is ‘more probative of the nature of the parties' relationship than the viva voce evidence of the parties in the midst of acrimonious and bitter proceedings’ (Macmillan-Dekker v. Dekker, 2000 CarswellOnt 2808 (S.C.J.), at para. 22).”
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