What is the impact of parol evidence on the interpretation of contract terms?
Alberta, Canada
The following excerpt is from Arbutus Capital Leasing Ltd. v. CSM Media Inc., 2012 ABQB 650 (CanLII):
In Ko v. Hillview Homes Ltd., 2012 ABCA 245, Mr. Justice Côté, (writing for the court) emphasized the need for certainty and predictability in commerce and the dangers of ‘encouraging parol evidence, ignoring whole contract clauses, inventing collateral unwritten obligations, and implying far-reaching terms. . . .’ . That case was about certainty of terms.
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