What is the test for establishing that a written agreement is binding and binding?

Manitoba, Canada


The following excerpt is from Ashton v. Stark, 1998 CanLII 17790 (MB CA):

In Ross v. Williamson (at p. 186): "… [W]hen a party endeavours to prove by oral testimony the contents of a written document, the court, before giving effect to such testimony should be convinced that all the terms have been proven. I do not think it sufficient for the party undertaking such a duty to furnish evidence of certain clauses which support his claim. He must do more; he must set out the whole instrument so that the court may be able to give effect to all its provisions, and that by testimony of the clearest nature. I do not mean that the document must be set forth in evidence - in its very words - but the exact sense and effect of the document must be shewn. "That this, in most cases, will be a difficult, indeed an almost impossible task, is apparent; but such burden must be carried by him who asserts a written agreement, which he says has been destroyed, and the existence of which is denied by his opponent." (my emphasis)

Other Questions


Can an agreement be overborne where the economic positions of the parties have altered and the terms of the agreement have become unfair? (Manitoba, Canada)
How have courts dealt with a husband's motion for summary judgment on a motion to invalidate a binding agreement? (Manitoba, Canada)
Is a spousal agreement binding on property settlements? (Manitoba, Canada)
What is the test for establishing but for causation in a motor vehicle accident case? (Manitoba, Canada)
What is the test for establishing that an accused has a Charter violation? (Manitoba, Canada)
If a defamatory statement is capable of conveying more than one meaning, is the defence of responsible communication established? (Manitoba, Canada)
What is the test for establishing that a defendant is not a party to a cause of action? (Manitoba, Canada)
What is the test for establishing "but for" causation in solicitor’s negligence cases? (Manitoba, Canada)
What is the test for establishing a gift under the Marital Property Act? (Manitoba, Canada)
Is the Pledge Agreement unconscionable? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.