Does the trial judge err in allowing the respondent to introduce parol evidence?
Saskatchewan, Canada
The following excerpt is from Chrispen v. Topham, 1987 CanLII 4616 (SK CA):
We are all of the opinion that the trial judge did not err in permitting the respondent to introduce parol evidence. The evidence established a distinct collateral agreement not inconsistent with the written instrument entered into between the parties. See Hawrish v. Bank of Montreal, 1969 CanLII 2 (SCC), [1969] S.C.R. 515. The collateral contract called for an equal sharing of household and domestic duties. The trial judge found as a fact that the appellant did not perform any of the household duties contemplated by the agreement and that the respondent alone performed them. He found she was entitled to compensation as a result of the breach of the terms of this collateral contract. We are not prepared to disturb that finding.
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