How can a court interpret a contract where a party's subsequent conduct is interpreted?

British Columbia, Canada


The following excerpt is from Berns v Berns, 2019 BCSC 25 (CanLII):

However, the court cannot look to the parties’ subsequent conduct to interpret their contract unless it has first found that the contract is ambiguous: Wade Estate v. Duck, 2018 BCCA 176 at para. 28:

Other Questions


How have the courts interpreted contracts in the context of the interpretation of contracts? (British Columbia, Canada)
What is the legal test for a court to interpret the interpretation of the House of Commons Bill of Representatives in the context of cross-party legislation? (British Columbia, Canada)
How have courts interpreted the interpretation of a "deposit clause" in standard form contracts? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What is the legal test to enforce a contract where a party is not a party to the contract? (British Columbia, Canada)
How have the courts interpreted the meaning of a contract when a contract is not enforceable? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
Can a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.