What is the legal test for making a material alteration to an instrument?
New Brunswick, Canada
The following excerpt is from Sommerville v. RoyNat Ltd., 1982 CanLII 3212 (NB CA):
Over time, the rule was also clearly confined to material alterations. Immaterial alterations, those that do not alter the legal effect of the instrument, do not come within the rule: see Aldons v. Cornwell, supra; Bishop of Crediton v. Bishop of Exeter, [1905] 2 Ch. 455. Whether these qualifications apply in this case must now be examined.
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