What is the test for oral evidence in a mortgage application?
British Columbia, Canada
The following excerpt is from Toronto-Dominion Bank v. Lenec, 1984 CanLII 410 (BC CA):
The chambers judge held, applying Hawrish v. Bank of Montreal, 1969 CanLII 2 (SCC), [1969] S.C.R. 515, 66 W.W.R. 673, 2 D.L.R. (3d) 600, that the oral evidence was inadmissible because it contradicted the clear terms of the mortgage and the promissory note.
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