Can evidence that is not in the form of a written agreement be considered to prove otherwise?
Alberta, Canada
The following excerpt is from Shaw United Lease Ltd. v. Cantest Production Services Ltd., 1996 ABCA 81 (CanLII):
Both Montgomery, supra and Wilson v. Ward, supra appear to say that evidence extrinsic to a written agreement may be considered to show that the nature of the agreement is not what it appears to be, that is, to show the substance of the agreement does not accord with its form.
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