It is not uncommon for a written contract to contain a clause stating that, according to Epstein J.A., Shelanu made it clear that a full contractual clause does not prevent the parties from amending their agreement so that post-contract events “can both affect the applicability of the obligations contained in the agreement and add new obligations to the obligations imposed by their terms.” 4 Moreover, not all contractual clauses apply prospectively, unless the text expressly provides for so.5 Epstein YES has made it clear that the specific wording of the entire contractual clause is essential to the analysis. If the entire clause of the contract is to exclude an act of negligent non-presentation because of a post-contractual representation, the consultation of the clause must expressly state it. The parties should indicate the signature and effective date of the agreement. Second, whole contractual clauses do not apply prospectively, unless the text expressly provides for it. Although entire contractual clauses are common, there has been some uncertainty as to their applicability, as contract law has evolved to allow for consideration of acts and comments outside the written agreement. Do comprehensive contractual clauses apply to prevent insurance from being taken into account during negotiations? Are they applied to prevent the performance of insurance after the contract is concluded? In a decision that received little public attention, the Ontario Court of Appeal recently provided very useful answers to these questions. Both the general purpose of the comprehensive contractual clauses outlined above and the approach to their application, expressed in the decision of the Shelanu Court of Justice, support the conclusion that these clauses do not apply, subject to contrary formulations, to agreements or assurances that have after the date the contract in which the clause is contained. Entire contractual clauses generally seek to exclude all oral or written assurances and guarantees that are not expressly stipulated in the written contract.
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