November 22, 2018
Vauclair, Marcotte, Roy
Appeal from a judgment of the Superior Court granting an application to dismiss. Allowed.
The trial judge found that the action to transfer title brought by the appellant could not succeed, given the lack of credibility of the appellant’s representative and the failure to comply with a formal requirement prescribed in the offer to purchase.
With respect to the first reason, it is neither excluded nor impossible for the representative’s prima facie contradictory statements to be explained or placed in context when he is examined by his lawyer and has the opportunity to testify on all the exhibits likely to enlighten the court. The second reason is also not founded. As the academic commentators have noted, the court must be wary of the apparent clarity of a contract at the pre-interpretation stage. In this case, given the facts alleged, certain conversations that took place between the parties, and the patchy evidence available to her, the judge should have refrained from concluding at the preliminary stage that the clause in question was clear. Her lack of prudence is a reviewable error that justifies the intervention of the Court.
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