Is Jason's evidence relevant to the terms of the contract?
Ontario, Canada
The following excerpt is from Computer Enhancement v J.C. Options, et al, 2016 ONSC 452 (CanLII):
Finally, Jason’s evidence goes to the issue of performance, not construction. His evidence is not intended to alter the terms of the agreement; rather, it is evidence of whether he actually received the consideration that was promised. While this may be said to “contradict” the term that acknowledges receipt of the ten dollars, that is not the same as using oral evidence to alter unambiguous terms or show the existence of a collateral or supplementary agreement, which is the purpose of the parol evidence rule (Hawrish v. Bank of Montreal, 1969 CanLII 2 (SCC), [1969] SCR 515).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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 a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
How has the court interpreted the terms of an employee’s contract of employment and what is the effect of the changes in terms of their duties? (Ontario, Canada)
What relevance does relevance exist in the context of relevance? (Ontario, Canada)
What is the test for relevance of evidence in the context of "relevance"? (Ontario, Canada)
Is a party bound to the terms of a contract even if they have not read or understood the contract? (Ontario, Canada)
What is the test for a variation in terms of an order that would have changed the terms of a long-term disability order? (Ontario, Canada)
How have courts in B.C. dealt with the issue of long term fixed-term employment contracts? (Ontario, Canada)
Does an indefinite term employment contract require the employer to give reasonable notice of an intention to terminate the contract? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
