What is the test for interpretation of the Goods and Services Tax (GST) clause in a purchase and sale contract?
British Columbia, Canada
The following excerpt is from Van Beek v. Dodd, 2010 BCSC 1639 (CanLII):
The defendant argues that the GST clause in the final contract of purchase and sale is ambiguous and should be interpreted in a manner that is against the plaintiffs’ interest, i.e. that it refers to GST as contemplated by the defendant. The rule as stated by Pearlman J. in Karim v. Seo, 2010 BCSC 746 at para. 17 is:
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