Does an affidavit of a former councillor who was a member of Alpha Creek Council give evidence in support of the interpretation of an agreement?
British Columbia, Canada
The following excerpt is from Alpha Creek Water Works Ltd. v. Whistler (Municipality), 1996 CanLII 1453 (BC SC):
9 There was also filed by Alpha Creek an affidavit of one of the former councillors setting out his recollection of his intentions at the time and what he perceived the intentions of other council members were. This evidence is not admissible in the interpretation of an agreement. Prenn v. Simmons, supra.
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