A court’s primary goal in the interpretation of a commercial contract is to discern the parties’ intentions. In Canada, courts use a range of tools to achieve this end. They look to the ordinary meani…
The Admissibility of Post-Contract Evidence in Canada
In Brief
- Can Canadian courts consider evidence of the parties’ conduct after they enter into a commercial agreement as an aid to its interpretation?
- A recent case by the Ontario Court of Appeal says “yes,” but only in cases of contractual ambiguity.
- It remains to be seen, however, whether the decision will inject a level of contractual uncertainty in the Canadian legal landscape.
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