Can New Town rely on the assertion by Van City in the Estoppel Certificate and correspondence between the parties that it had already exercised its first estoppel renewal in 2002?
British Columbia, Canada
The following excerpt is from Vancouver City Savings Credit Union v. New Town Investments Inc., 2008 BCSC 1617 (CanLII):
New Town seeks to rely on the assertion by Van City in the Estoppel Certificate and in correspondence between the parties that it had already exercised its first renewal in 2002. However, subsequent conduct cannot be used to interpret an agreement when the words of the written agreement are clear and unambiguous: Massawippi Valley Railway Company v. Reed (1903), 1903 CanLII 49 (SCC), 33 S.C.R. 457 at 470.
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