What is the test for interpretation of a contract where the parties have a different interpretation of the facts?
Ontario, Canada
The following excerpt is from Grady v. Niagara Neighbourhood Housing Cooperative Inc., 2017 HRTO 355 (CanLII):
Regardless of ambiguity, however, courts may have regard to the context or the factual matrix in order to determine the intent of the parties and the scope of their understanding (i.e. contracts are to be interpreted with regard to objective evidence of the context or factual matrix underlying the negotiation of the contract, but without reference to the subjective intention of the parties). See Dunn v. Chubb Insurance Company of Canada, 2009 ONCA 538 (CanLII) at paras. 33-34.
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