Does the parol evidence rule apply to a payment agreement where the payment agreement states that no refunds should be made unless the payment policy is less than one month's notice?
British Columbia, Canada
The following excerpt is from Martian v. Suniara (dba Kool Kidz Daycare), 2022 BCCRT 102 (CanLII):
18. I find the parol evidence rule applies here. This rule says that, where there is a written agreement, outside evidence cannot be admitted to vary, modify, add to, or contradict the written agreement’s terms, unless the written agreement is unclear or ambiguous (see Athwal v. BlackTop Cabs Ltd., 2012 BCCA 107, at paragraphs 42 to 44). Here, I find there is no ambiguity in the agreement’s payment policy that no refunds are provided with less than one months’ notice.
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