Can an implied term be implied into an agreement?
British Columbia, Canada
The following excerpt is from Joffres v. Joffres, 2014 BCSC 1778 (CanLII):
A term may be implied into an agreement on the basis of the presumed intentions of the parties where such a term meets the “officious bystander” test, namely a term which the parties would have said, if questioned at the time, that they had obviously assumed: Zeitler v. Zeitler (Estate), 2010 BCCA 216 at para. 30.
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