What is the test for an arbitration to determine what bargain had been struck between the parties on September 21, 2018?
British Columbia, Canada
The following excerpt is from Kong v Lee, 2021 BCSC 606 (CanLII):
In the words of Hatton v. Leahy, 2010 BCCA 290 at para. 11, “[a] contract is composed of the terms agreed upon between the parties to constitute their bargain.” Yet, the Arbitrator did not set out or apply the legal test to determine what bargain had been struck between the parties on September 21, 2018, nor did she provide any analysis on this point beyond stating the conclusion that the two months’ free rent was contingent on the petitioner moving out of the unit on October 31, 2018.
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