Appeal dismissed; application judge correctly refused to consider extrinsic evidence where real estate agreement was unambiguous.
The appellant vendor appealed a decision dismissing her application regarding the adjustment of two RRAP forgivable mortgages on the closing of a real estate transaction.
The application judge had interpreted the agreement of purchase and sale within its four corners, finding no ambiguity, and refused to consider extrinsic evidence from the vendor's agent.
The Divisional Court dismissed the appeal, holding that Rule 14.05(3)(d) is limited to the interpretation of a written instrument and the application judge correctly excluded extrinsic evidence where the agreement was unambiguous and contained an entire agreement clause.
Bessy Stavrou v. Low-Income Family Empowerment Sole-Support Parents Information Network (aka LIFESPIN), 2003 ONSCDC 46022
