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B.C. Appeal Court decision sends ‘clear message’ on post-contractual conduct: lawyer

Tuesday, May 15, 2018 @ 12:29 PM | By Ian Burns

The B.C. Court of Appeal has ruled a lower court judge overreached in creating an ambiguity in a contract related to the purchase of a motor home by looking into the parties’ subsequent conduct, a decision the plaintiffs’ lawyer says makes “very plain” the limits to which evidence on post-contractual conduct can be used.

The decision in Wade v. Duck, 2018 BCCA 176, deals with a motor home that Lloyd Wade purchased with his common-law spouse, Francesca Duck, in 2005. At the time, Wade and Duck...