Is a contract enforceable for positive rights created by a subsequent oral amendment to a written contract if there is no oral amendment?

Ontario, Canada

The following excerpt is from Newton’s Grove School Inc. v. J2ASM Inc., 2018 ONSC 7691 (CanLII):

Courts have been willing, in certain circumstances, to enforce positive rights created under a subsequent oral amendment to a written contract despite such “no oral amendment” clauses.[8] But, as Coombe v. Coombe demonstrates, such a claim for the enforcement of positive rights is very different from an estoppel, which merely attempts to foreclose a party from relying on the strict enforcement of its existing rights under a contract.

Other Questions

What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
What is the test for an arbitrator to enforce a contract where the contract is not enforceable? (Ontario, Canada)
Can a party seek to amend or amend their affidavit to support a motion to amend the original document? (Ontario, Canada)
How have the Steepers obtained the right to park their parking on the right of a right of way on a neighbour's property? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
If a contractor drafted a contract drafted to be completely unenforceable, when the contractor has not completed the job, can the contract still be enforceable? (Ontario, Canada)
Is a consent order enforceable if the consent order is amended or amended? (Ontario, Canada)
Is a warranty contained in a contract enforceable? (Ontario, Canada)
How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract? (Ontario, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.