Is parol evidence admissible to prove an unfulfilled condition precedent?
Alberta, Canada
The following excerpt is from Toronto Dominion Bank v. Pacific Stereo (Edmonton) Ltd., 1985 CanLII 1356 (AB QB):
There are numerous exceptions to the parol evidence rule. One is that extrinsic evidence is admissible to prove an unfulfilled condition precedent. The classic decision cited in that regard if Pym v. Campbell, 119 E.R. 903. The exception in question is that extrinsic evidence is admissible to show that a document which, on its face, is an agreement between the parties is not in fact an agreement.
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