Does the doctrine of merger apply to a particular term of an agreement?

Ontario, Canada


The following excerpt is from Kingspan Insulated Panels Ltd. v. Brantford (City), 2010 ONSC 4610 (CanLII):

45. Whether or not the doctrine of merger applies to a particular term of an agreement depends on the common intention of the parties (see Fraser-Reid v. Droumtsekas, 1979 CanLII 55 (SCC), [1980] 1 S.C.R. 720 (S.C.C.) at 738).

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