Yahoo Canada Web Search

Search results

1. jssbarristers.ca › insights › contractualContract Interpretation and Surrounding Circumstances Post ...

   jssbarristers.ca › insights › contractual

   • Cached

   Jun 9, 2020 · The Ontario Court of Appeal further explained that reliance on “evidence of subsequent conduct has greater potential to undermine certainty in contractual interpretation and override the meaning of a contract’s written language,” [15] because: (1) the parties’ behaviour in performing their contract may change over time and could permit the interpretation of the contract to fluctuate ...

2. www.mondaq.com › canada › trials-appealsWhen Will Courts Use Post-Agreement Behaviour to ... - Mondaq

   www.mondaq.com › canada › trials-appeals

   • Cached

   Jan 31, 2017 · The Court of Appeal upheld the trial judge's ruling and clarified when a Court can examine post-contract behaviour. Subsequent Conduct Can Only Be Considered In Cases of Contractual Ambiguity. The Court of Appeal observed that in Sattva, the Supreme Court of Canada held that the Court may consider the "factual matrix" when interpreting a contract.

3. www.torkin.com › insights › publicationWhen Will Courts Use Post-Agreement Behaviour to Interpret a ...

   www.torkin.com › insights › publication

   • Cached

   Feb 1, 2017 · The Court of Appeal upheld the trial judge’s ruling and clarified when a Court can examine post-contract behaviour. Subsequent Conduct Can Only Be Considered In Cases of Contractual Ambiguity. The Court of Appeal observed that in Sattva, the Supreme Court of Canada held that the Court may consider the “factual matrix” when interpreting a ...

   • Email: info@torkin.com

4. www.mccarthy.ca › en › insightsWade-ing into the Limits on Post-Contractual Conduct: B.C ...

   www.mccarthy.ca › en › insights

   • Cached

   May 31, 2018 · While a court is always entitled to consider the surrounding circumstances, the conditions under which the court may consider post-contractual conduct are strictly limited: “evidence of subsequent conduct should only be admitted if the contract is found to be ambiguous after one has considered its text and the factual matrix surrounding the creation of the contract”.[6]

5. www.lexology.com › library › detailWhen Will Courts Use Post-Agreement Behaviour to Interpret a ...

   www.lexology.com › library › detail

   • Cached

   Feb 1, 2017 · The inherent dangers of subsequent conduct evidence "mean that when it is admitted it must be used cautiously and its weight will vary from case to case". Post-contract behaviour will be more ...

6. lawjournal.mcgill.ca › article › unpacking-entireUnpacking Entire Agreement Clauses: On the (Elusive) Search ...

   lawjournal.mcgill.ca › article › unpacking-entire

   • Cached

   Second, courts may consider the parties’ post-contractual conduct to determine what they intended the words enshrined in the EAC to mean. A good example of how these two principles can be applied by courts is the Ontario Court of Appeal’s decision in Soboczynski v. Beauchamp (“Soboczynski”).

7. People also ask

   Can a judge use evidence outside the words of a contract?

   • If the rule were otherwise interpreted, the existence of an EAC would hamper the judge’s ability to use evidence outside the words of the written contract, even in the case of a contract that was incomplete or ambiguous on its face.

   Unpacking Entire Agreement Clauses: On the (Elusive) Search for

   lawjournal.mcgill.ca/article/unpacking-entire-agreement-clauses-on-the-elusive-search-for-contractually-induced-formalism-in-contractual-adjudication/

   See all results for this question

   Can a pre-contractual statement be enforceable?

   • A pre-contractual statement can be qualified as a collateral contract when it is made by one party (the promisor in the principal contract) in exchange for the other party (the promisee in the principal contract) entering into the main contract. To be enforceable, the collateral agreement must itself be a complete and enforceable contract, 63 63.

   Unpacking Entire Agreement Clauses: On the (Elusive) Search for

   lawjournal.mcgill.ca/article/unpacking-entire-agreement-clauses-on-the-elusive-search-for-contractually-induced-formalism-in-contractual-adjudication/

   See all results for this question

   Are pre-contractual statements legally operative?

   • On some occasions, courts have given effect to EACs to prevent pre-contractual statements from being legally operative; in others, they have disregarded them and recognized the validity of claims based on statements external to the contract.

   Unpacking Entire Agreement Clauses: On the (Elusive) Search for

   lawjournal.mcgill.ca/article/unpacking-entire-agreement-clauses-on-the-elusive-search-for-contractually-induced-formalism-in-contractual-adjudication/

   See all results for this question

   Why is the theory of collateral contract used in contractual adjudication?

   • The theory of collateral contract is used in contractual adjudication to justify an exception to the application of the parol evidence rule; that is, the parol evidence is admitted to prove the existence of a collateral contract.

   Unpacking Entire Agreement Clauses: On the (Elusive) Search for

   lawjournal.mcgill.ca/article/unpacking-entire-agreement-clauses-on-the-elusive-search-for-contractually-induced-formalism-in-contractual-adjudication/

   See all results for this question

   Do pre-contractual statements constitute a collateral contract?

   • Assuming that the pre-contractual statements alleged by the defendants constituted a collateral contract, they would still be excluded by virtue of the fact that, after entering into the collateral agreement, the parties agreed to an overriding contractual integration clause. 81 81. See ibid. Show more

   Unpacking Entire Agreement Clauses: On the (Elusive) Search for

   lawjournal.mcgill.ca/article/unpacking-entire-agreement-clauses-on-the-elusive-search-for-contractually-induced-formalism-in-contractual-adjudication/

   See all results for this question

   Are the surrounding circumstances relevant if a contract is not ambiguous?

   • Appellate courts in Alberta, British Columbia, Saskatchewan and Ontario have all held that the surrounding circumstances are relevant and must be considered, even where there is no ambiguity in the contract. What are the “surrounding circumstances?”

   Contract Interpretation and Surrounding Circumstances Post-Sattva | JSS

   jssbarristers.ca/insights/contractual-interpretations-and-the-surrounding/

   See all results for this question

8. businesslawtoday.org › 2017 › 12The Admissibility of Post-Contract Evidence in Canada

   businesslawtoday.org › 2017 › 12

   • Cached

   Dec 14, 2017 · Canadian courts have now answered this question in the affirmative, with one significant qualifier. Evidence of the parties’ post-contract conduct is admissible as an aid to contract interpretation, but only in cases of contractual ambiguity. In the absence of ambiguity, the evidence is inadmissible. Even where the court finds that evidence ...