What is the test for a contract where the provisions of the contract are inconsistent?
British Columbia, Canada
The following excerpt is from Greater Vancouver Water District v. North American Pipe & Steel Ltd., 2011 BCSC 30 (CanLII):
Where the provisions of a contract are inconsistent, an attempt should be made to reconcile them by giving effect to the terms in accordance with the intention of the parties. If it is impossible to reconcile the terms in this way, then the term that is repugnant to the parties’ intention is to be rejected in favour of giving effect to the term that reflects their real intention: BG Checo v. BC Hydro, 1993 CanLII 145 (SCC), [1993] 1 S.C.R. 12 at 23-24.
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