The agreement to settle the litigation is a contract. The contractual intent of the parties is “objectively determined by construing the plain and ordinary meaning of the words in the contract in the context of the contract as a whole and the surrounding circumstances (or factual matrix) that existed at the time the contract was made, unless to do so would result in absurdity”: Athwal v. Black Top Cabs Ltd., 2012 BCCA 107 at para. 42.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.