Is parol evidence admissible to establish that an oral agreement does not conflict with the written contract?
British Columbia, Canada
The following excerpt is from Lama Lo Holdings Ltd. v. Gurnisch Development Corp., 5908 Holdings Ltd. and Ralph Schwartzman, 2013 BCSC 2224 (CanLII):
The authorities establish that to avoid injustice, parol evidence is not absolutely inadmissible. Evidence of an oral agreement may be admissible to establish a collateral agreement which does not conflict with the written contract and, although oral, is enforceable. Parol evidence will also be admitted if there is an alleged misrepresentation or to show that a contract is invalid on the basis of mistake: Gallen v. Nunweiler (1984) 9 D.L.R. (4th) at paras.33-35 (B.C.C.A.).
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