What is the stipulated elements of a mutual agreement?
Ontario, Canada
The following excerpt is from Parmalat Canada Inc. v. 703558 Ontario Limited, 2008 CanLII 51775 (ON SC):
The stipulated elements are: • The monies owing are debts which arise from mutual cross obligations; and • The debts are for liquidated sums or for money demands which can be ascertained with certainty: Telford v. Holt, 1987 CanLII 18 (SCC), [1987] 2 S.C.R. 193 at paras. 25-26.
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