Sentences with phrase «real intention of the party»

In Abrams v. Grant [1978] O.J. No. 2283, Steel J. confirmed that courts will go beyond the writing to find the real intention of the party in the communication.

For instance, the Quebec Court of Appeal recently upheld a judgment of the Quebec Superior Court in which the court, by declaration, modified a clause in a loan agreement because the evidence revealed a discrepancy between the real intention of the parties and the wording of the contract.

Not exact matches

The trial judge noted that the intentions, motivations and preferences of the infringing party in the real world are instructive in drawing inferences as to what it would have done in the hypothetical world.

This is particularly true when a party is not properly prepared for mediation, is simply going through the steps and a procedure, and has no real intention of resolving the issues.