What is the test for a collateral agreement?
Nova Scotia, Canada
The following excerpt is from Christie v. Foley (Above the Rest Permanent Roofing Systems), 2019 NSSM 2 (CanLII):
The Defendant also relies on Hawrish v. Bank of Montreal, [1969] SCR 515, 1969 CanLII 2 (SCC), where the court upheld the principle that a collateral agreement cannot stand where it is in direct contradiction to the main contract.
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