An example of the broad scope of the factual matrix inquiry is found in Hall, who cites, at 28, a case involving a dispute between parties bound by an oral agreement. The factual matrix was determined to include the fact that two corporate entities did not have assets and that an agreement purporting to bind them would not achieve the purpose of the agreement, which was to bring the litigation to an end: Petro-Canada v. Disco Oil & Gas Ltd., [1994] B.C.J. No. 1346 at paras. 9-10, leave to appeal ref’d [1994] S.C.C.A. No. 449.
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