Does the entire agreement clause in the Lease precludes any cause of action based on a collateral promise or agreement?

British Columbia, Canada


The following excerpt is from Water’s Edge Resort Ltd. v. Canada (Attorney General), 2014 BCSC 873 (CanLII):

Thus I agree with the submission of Canada that the entire agreement clause in the Lease precludes any cause of action based on a collateral promise or agreement. In reaching this conclusion I am mindful of the decision of Mactavish J. in Bosa v. Canada (Attorney General), 2013 FC 793, where, in an action concerning the validity of a notice of rent increase, the court concluded that the failure of the Minister to provide the plaintiff with a copy of the Minister’s appraisal breached an implied term of the lease. However, in that decision there was no reference to an entire agreement clause in the lease under consideration.

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