What is the test for interpretation of a contract where the parties have a different interpretation of the facts?

Ontario, Canada

The following excerpt is from Grady v. Niagara Neighbourhood Housing Cooperative Inc., 2017 HRTO 355 (CanLII):

Regardless of ambiguity, however, courts may have regard to the context or the factual matrix in order to determine the intent of the parties and the scope of their understanding (i.e. contracts are to be interpreted with regard to objective evidence of the context or factual matrix underlying the negotiation of the contract, but without reference to the subjective intention of the parties). See Dunn v. Chubb Insurance Company of Canada, 2009 ONCA 538 (CanLII) at paras. 33-34.

Other Questions

What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
What is the test for determining whether there has been economic duress in a contract where a party entered into the contract at the time of execution? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
Can a waiver arise if one party leads the other party to believe that the strict rights arising under the contract will not be insisted upon? (Ontario, Canada)
Is it possible for one party to set aside a domestic contract where the other party received independent legal advice? (Ontario, Canada)
What is the difference between a domestic contract and a marriage contract? (Ontario, Canada)
Is a party entitled to rely on the fact that another party has retained counsel for advice in the negotiation process? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.