Two Versions of Disputed Contract
By Brian Madigan LL.B.
There were actually two separate versions of a contract between Rogers and Aliant, one in English and the other in French.
The CRTC ruled in favour of Aliant several years ago, applying the rules of English grammar. A comma made all the difference when it came to deciding when a contract could be terminated.
Basically, the notice clause and the time period ran together. Could you terminate on one year’s notice at anytime, or would you have to wait for the first five year period to expire?
However, the case was appealed. In fact, there were two versions of the same contract, one in English and one in French.
The CRTC examined the French version of the contract because the commission had approved the rates and regulations in both English and French in 2000:
“The Commission considers that, between the two versions, it is appropriate to prefer the French language version as it has only one possible interpretation, and that interpretation is consistent with one of the two possible interpretations of the English language version.”
So, on appeal Rogers was successful. The French version was clear, the English version was not. Therefore, the CRTC assumed that the intent of the contract was clear as between the parties and utilized the French version to determine the result.
Brian Madigan LL.B., Realtor is an author and commentator on real estate matters, Royal LePage Innovators Realty Brokerage, 905-796-8888
www.OntarioRealEstateSource.com
