What is the test for a motion judge to interpret a release?

Ontario, Canada

The following excerpt is from IAP Claimant H-15019 v. Wallbridge, 2020 ONCA 270 (CanLII):

As we have said, the appellants acknowledge that the motion judge correctly set out the principles applicable to interpreting a release. The motion judge relied on this court’s decision in Biancaniello v. DMCT LLP, 2017 ONCA 386, 138 O.R. (3d) 210, to summarize those principles.

As acknowledged by this court, the guiding principle was set out in London and South Western Railway v. Blackmore (1870), L.R. 4 H.L. 610: “The general words in a release are limited always to the thing or those things which were specifically in the contemplation of the parties at the time the release was given.”

Other Questions

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 effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the test for a motion of no confidence in a motion by a judge in a personal injury case? (Ontario, Canada)
What is the basis to overturn a motion judge’s ruling that the valuation evidence tendered after cross-examinations is not admissible on the motion? (Ontario, Canada)
What is the test for a Motion 14B Motion to obtain assistance from a case management judge? (Ontario, Canada)
What is the role of the motions judge in deciding a motion for summary judgment? (Ontario, Canada)
Can a motion judge interfere with the analysis and conclusion of a judge's assessment of the nature of the expression? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
What are the arguments that challenge a motion judge's interpretation of a commercial agreement? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.