In what circumstances have the judges given separate judgments on whether there was a sufficient memorandum to enforce the terms of a contract?

British Columbia, Canada


The following excerpt is from Currie v. Thomas, 1985 CanLII 769 (BC CA):

In Doran v. McKinnon, each of the five judges gave separate judgments, with only Duff J. holding that there was not a sufficient memorandum. Davies J. said at p. 308 D.L.R., p. 611 S.C.R.: I think the weight of the authority is to the effect that parol evidence may be given to connect two documents together which do not expressly refer to each other, but which connection and reference is a matter of fair and reasonable inference. In this way the two documents may make a contract within the statute. Such evidence may not be resorted to for the purpose of shewing what the terms of the contract are, but only in order to shew what the writing is which is referred to.

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