It is only if the trial judge is unable to reach a conclusion about the transferor's
actual intention at the time of the transfer that it may become necessary to apply such presumption to possibly tip the scales in favour of the transferor of property or the donor of funds.
[42] Even though the presumption was engaged, the trial judge was obliged to examine the totality of the evidence, both direct and circumstantial, for the purpose of determining, if possible, Mr. Fuller's
actual intention at the time he executed the 2002 transfer.
Not exact matches
It's also easy to prejudge the situations,
intentions, and attitudes of the women who work
at a place like Hooters, and to cry out «exploitation» without truly understanding, say, the point of view of an
actual Hooters Girl.
BAI does all this because, unlike other measures, it looks
at actual advocacy, not
intention.
The «yet not I» is also a confession of the converted self that the new self is not an accomplished reality; «that in every historic concretion there is an element of sinful self - realization, or premature completion of the self with itself
at the centre; that, therefore, the new self is the Christ of
intention rather than an
actual achievement.
With Jesus as in Judaism, obedience is bound up with the crisis of decision in which man stands; obedience is
actual only in the moment of action, and if one wishes to call obedience an
intention, he must
at the same time hold fast the fact that this obedience presupposes the authority of God.
Your patient must demand that all his own utterances are to be taken
at their face value and judged simply on the
actual words, while
at the same time judging all his mother's utterances with the fullest and most over-sensitive interpretation of the tone and the context of the suspected
intention.
Throwing up tantrums and acting stupidly, like waiting for our team to shake hands with them in full view of all so the finger of accusation could be pointed
at Wenger for ignoring him when in
actual fact he had no
intention of shaking hands with Wenger.
Surrogate interferences from Love, Time and Death serve simply as Hollywood-esque responses to
actual reality, and distract from the possibility of a real story
at the heart of the film's
intentions.
Hidden city ticketing refers to booking an itinerary from your origin to a final destination, with the
actual intention to exit
at a connecting airport.
In those cases where it is clear either (a) that the parties did not intend a joint tenancy
at the outset or (b) had changed their original
intention, but it is not possible to ascertain by direct evidence or by inference what their
actual intention was as to the shares in which they would own the property, «the answer is that each is entitled to that share which the Court considers fair having regard to the whole course of dealing between them in relation to the property».
Adverse possession codified under s. 4 of the Limitations Act was established by evidence of three facts: (1)
actual possession, (2)
intention to exclude the true owner (i.e. on title) and (3) effective exclusion: Masidon Investments v. Ham, 1984 CarswellOnt 578 (C.A.),
at para. 14.
(a) the focus in any dispute over a gratuitous transfer is the
actual intention of the transferor
at the time of the transfer...
[40] That passage underscores the test in Pecore,
at para. 55, that the trial judge must «weigh all the evidence relating to the
actual intention of the transferor.»
(3) the intent of the parties: The court will look
at the parties»
actual intentions, which may be inferred from the parties» actions; and
Prior to the
actual filing of the suit, Bakke discussed his
intentions with Peter C. Storandt, Assistant to the Dean of Admissions
at the Davis Medical School.
This way when you are having your next sit down meeting
at your house you will have some
actual facts to go over instead of just hear - say from good
intentions of friends and family members.
If I don't commit myself to having the right attitudes
at home, to
actual use our home to play games with my children or sit down around our table for family dinners or open my doors to welcome guests, my good
intentions will be forgotten in the chaos of lesser things.