What is the test for admissible evidence in determining the meaning of an oral conversation between the parties?
British Columbia, Canada
The following excerpt is from Craig v. McCollum et al, 2019 BCCRT 119 (CanLII):
21. There is a rule of evidence called the “parol evidence rule” that governs the admissibility of outside evidence in determining what a written contract means, such as oral conversations. In general, the parol evidence rule says that if the words in a contract are clear, then a party cannot use outside evidence to try support their interpretation of the contract. In those circumstances, the objective meaning of the words in the contract will be presumed to accurately reflect the parties’ intentions in entering into the contract. Outside evidence can only be used to clarify an ambiguity in the written contract. See Athwal v. Black Top Cabs Ltd., 2012 BCCA 107.
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