Can a party's conduct after the formation of a contract be admitted as an aid to interpretation?
Saskatchewan, Canada
The following excerpt is from R v Husky Oil Operations Limited, 2014 SKQB 116 (CanLII):
The conduct of the parties after the formation of the contract, that is, evidence of the parties post-contracting performance of their contractual obligations, can be admitted as an aid to interpretation if the contract or provision being interpreted is ambiguous (Wagman v. Obrigewitsch, 2010 SKQB 84, [2010] 9 W.W.R. 462). So, if it is found that the contract here is ambiguous, then the conduct of the parties post-formation of their contracts can give us assistance.
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