What is the test for a motion judge to interpret a release?
Ontario, Canada
The following excerpt is from IAP Claimant H-15019 v. Wallbridge, 2020 ONCA 270 (CanLII):
As we have said, the appellants acknowledge that the motion judge correctly set out the principles applicable to interpreting a release. The motion judge relied on this court’s decision in Biancaniello v. DMCT LLP, 2017 ONCA 386, 138 O.R. (3d) 210, to summarize those principles.
As acknowledged by this court, the guiding principle was set out in London and South Western Railway v. Blackmore (1870), L.R. 4 H.L. 610: “The general words in a release are limited always to the thing or those things which were specifically in the contemplation of the parties at the time the release was given.”
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