December 2017 | Article

Admissibility of Post-Contract Evidence in Canada

American Bar Association, Business Law Today

Can Canadian courts consider evidence of the parties’ conduct after they enter into a commercial agreement as an aid to its interpretation? A recent case by the Ontario Court of Appeal says “yes,” but only in cases of contractual ambiguity. It remains to be seen, however, whether the decision will inject a level of contractual uncertainty in the Canadian legal landscape.

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