In what circumstances will a bank be able to enforce a conditional release note on a parole application?
Ontario, Canada
The following excerpt is from Fung v. Decca Homes Limited, 2019 ONCA 848 (CanLII):
We see no error in the application judge’s application of the parole evidence rule in the circumstances of this case: Hawrish v. Bank of Montreal, 1969 CanLII 2 (SCC), [1969] S.C.R. 515, at p. 520. Even if there was a collateral oral agreement, something that is disputed by the respondent, that oral agreement could not contradict the written agreement. Accordingly, we agree with the application judge that the written agreement prevails and that the respondent could enforce the note. It was contingent on nothing.
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