How have the courts interpreted "common intention" in the context of a common intention claim?

British Columbia, Canada


The following excerpt is from Barnaby v. Petersen, 1996 CanLII 2049 (BC SC):

53 The resulting trust is created not as a consequence of an expression of intention. Rather it is a function of what has happened to property from which an intention of a form of ownership can be founded. As noted in Bettkus v. Becker (1980), 1980 CanLII 22 (SCC), 117 D.L.R. (3d) 257 at 270 (S.C.C.) by Dickson J., as he then was, the sought-for for "common intention" is rarely, if ever, expressed. In such circumstances the courts must glean a "phantom intent" from the conduct of the parties.

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