When will a party be able to introduce parol evidence on an interpretation issue?
Alberta, Canada
The following excerpt is from Hall v. HSBC Capital (Canada) Inc., 2012 ABQB 114 (CanLII):
Similarly, in Senos v. Pacesetter Performance Drilling Ltd., 2010 ABQB 533 at para 37, 497 AR 1, Graesser J held: To avoid the application of the entire agreement clause, or to permit parol evidence to be introduced on an interpretation issue, the party seeking to do either must establish that the provision to be interpreted is ambiguous. The onus of proving an ambiguity is on the party seeking to introduce parol evidence, or to avoid the application of the entire agreement clause.
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