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.
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