What is the test for rectifying an error in a written agreement?
British Columbia, Canada
The following excerpt is from Valaire v. Valaire, 2000 BCSC 1491 (CanLII):
This is clearly a case of common mistake. Furthermore the mistakes are obvious and all the essentials for rectification of written agreements are present. (See Snell’s Principles of Equity, 28th edition, 1982, Chapter 4, and Juliar v. Canada (Attorney General) [1993] O.J. 3554.) The fact that part performance has occurred does not preclude rectification, because part performance has not prejudiced the parties, or obscured the elements that require rectification.
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