What is the test for admissible evidence of the intentions of the contracting parties?
British Columbia, Canada
The following excerpt is from Wilke v. Turner, 2001 BCSC 256 (CanLII):
In any case, the fee agreement must speak for itself. Evidence of the intentions of the contracting parties is not admissible. The court must ascertain the intention which reasonable people would have had if placed in the situation of the parties and what would have been the aim, object or commercial purpose of reasonable persons. (See Decotiis v. Owen Bird [1998] BCJ No. 274 (Q.L.)).
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