What is the test for determining whether a party's intention was intended?
British Columbia, Canada
The following excerpt is from British Columbia v. Gibson Pass Resort Inc., 2009 BCSC 96 (CanLII):
Where the intention of the parties is at the heart of the controversy, the question of intention carries a heavy factual overlay: Elk Valley Coal Partnership v. Westshore Terminals Ltd., [2008] B.C.J. (Q.L.) No. 626 (B.C.C.A.) at para. 20.
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