Can an oral agreement contradict a written sublease?

Alberta, Canada


The following excerpt is from 601481 Alberta Ltd. v. 697615 Alberta Ltd., 2004 ABQB 978 (CanLII):

In my opinion this case involves a collateral oral agreement which does not contradict the written form of sublease. Like the now classic Hawrish v. Bank of Montreal 1969 CanLII 2 (SCC), [1969] S.C.R. 515, hearing evidence of an oral agreement relating to financing and rent abatements “would not be contrary to the sublease” since it is silent on those issues.

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