What is the difference between a signed agreement and a collateral agreement?
Alberta, Canada
The following excerpt is from Imperial Oil Ltd. v. Whissell Enterprises Ltd., 1985 CanLII 1333 (AB QB):
I do not agree with the submission of counsel for the defendant that what is being advocated by the defendant is a "collateral" agreement which is not in consistent with the terms of the signed agreement and amendments. If there Was such a collateral agreement the two agreements could not stand together, to use the terminology in Hawrish v. Bank of Montreal, 1969 CanLII 2 (SCC), [1969] S. C.R. 515.
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