What are the reasons for judgment in cases involving careless signing?
Alberta, Canada
The following excerpt is from Marthaller v. Lansdowne Equity Ventures Ltd. (Canadian Heritage Homes), 1997 ABCA 258 (CanLII):
The Reasons for Judgment twice find that the respondents were careless in what they signed. The last set of documents clearly and totally support the respondent’s position. One of them was short and very clear, in laymen’s language, so that finding of carelessness is beyond dispute. But that finding seems to exclude the possibility of non est factum: Marvco Color Research v. Harris 1982 CanLII 63 (SCC), [1982] 2 S.C.R. 774, 45 N.R. 302, 141 D.L.R. (3d) 577. In Marvco as well, the trial judge found that the contents of the document had been totally misrepresented to the persons who signed it. But the documents signed bound them.
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