Can a judge's two contract theory be supported in law?
British Columbia, Canada
The following excerpt is from Arens v. M.S.A. Ford Sales Ltd., 2002 BCCA 509 (CanLII):
In my view, the judge's two contract theory cannot be supported in law. The first contract, as found by the judge, again would contradict the written agreement that the parties entered into. The law does not permit this, see Hawrish v. Bank of Montreal (1969) 1969 CanLII 2 (SCC), 2 D.L.R. (3d) 600.
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