Is evidence of the subjective intention of the parties admissible?
British Columbia, Canada
The following excerpt is from Charbonneau v. Brawn, 2002 BCSC 738 (CanLII):
Evidence of the subjective intention of the parties is not admissible. However, certain evidence extrinsic to the contract itself is admissible. Extrinsic evidence is admissible to show that words in an agreement have by custom or usage a peculiar meaning. It is also admissible when either the words are susceptible to more than one meaning, or if an ambiguity emerges when it is sought to apply the language of the document to the circumstances under consideration. See Ahluwalia v. Richmond Cabs Ltd., [1994] B.C.J. No. 1364, and the cases it cites.
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