What is the test for establishing that there must be a writing to which a party to be charged can refer?
British Columbia, Canada
The following excerpt is from Currie v. Thomas, 1985 CanLII 769 (BC CA):
The passage which I have quoted from the judgment of Coady J.A., refers to the leading case of Long v. Millar (1879), 4 C.P.D. 450, and goes on to state the principle as being: “that there must exist a writing to which the document signed by the party to be charged can refer and if so this writing can be identified by verbal evidence” (emphasis added).
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