This appeal concerned the interpretation of a parking agreement's rate calculation clause and the determination of new parking rates.
The Court of Appeal found that the application judge erred by deeming the clause unambiguous despite fundamental undefined terms, and by improperly relying on inadmissible hearsay evidence while rejecting expert evidence.
The appeal was allowed, the lower order set aside, and the Court re-interpreted the clause, establishing the monthly parking rates based on the appellants' expert evidence.
