What is the test for interpretation of a clause in a contract where a plaintiff is required to provide a written assurance of his own rights?
Alberta, Canada
The following excerpt is from Continental Bank of Canada v. Rena Construction Ltd., 1985 CanLII 1461 (AB QB):
There is no reason to place any restrictive meaning on the clause. It is merely a case of contract, and the ordinary rules of interpretation should apply. The matter should be approached in exactly the same manner as a guarantor who contracts out of rights he might otherwise have. See Bauer v. Bank of Montreal (1980), 1980 CanLII 12 (SCC), 32 N.R. 191; 110 D.L.R.(3d) 424 (S.C.C.).
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