The following excerpt is from H.W. Liebig Co. v. Leading Investments Ltd., [1986] 1 SCR 70, 1986 CanLII 45 (SCC):
35. The argument that the words "procure a valid offer" were added to standard listing agreements by real estate boards in view of the use of similar words by Meredith C.J. in Copeland v. Wedlock (1905), 6 O.W.R. 539 (Div. Ct.), at p. 540, does not impress me. The agreement in that case was entirely different from that in the present case. What is more, whatever may have been the intention of the real estate boards in adding those words (about which we have no evidence except counsel's ipse dixit) is really not relevant. It is not what these boards may have intended a court might read into the clause that is determinative. It is what a court, from an objective standpoint, thinks both parties in the circumstances would have agreed to by the words used. And when one looks at these words in the light of the common understanding of people about this kind of contract, it becomes evident that this is not the meaning to be attached to them. Certainly they are far indeed from bringing home that meaning to the vendor.
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