In White v. Gauthier (Ont CA, 2023) the Court of Appeal cited authority for 'contextual' contract interpretation:
[3] We see no error in the trial judge’s reasons. The contemporary rules of contractual interpretation require a contextual consideration of the language used in the agreement. The interpretative process must engage the factual matrix in which the contract was created: see G. Hall, Canadian Contractual Interpretation Law, 4ed 2020, Ch. 1-2.
[4] The trial judge did exactly that. He interpreted the agreement consistent with the surrounding circumstances in accordance with the judgment of the Supreme Court of Canada in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53.
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