River Wind Ventures Ltd. v. British  Columbia,  2011 BCCA 79  is a useful case where an exchange  of emails between the parties already in a contractual relationship was held to  be a valid and enforceable contract, collateral to the existing agreement. The contract  created by e-mail met the requirements for an enforceable collateral agreement  under the principles stated in Hawrish v.  Bank of Montreal, [1969] S.C.R. 515.  The importance of the case is  not so much the creation of new law as presenting an example of a contract  created by e-mail.
The Court held:
[14]         The Credit Offer  is characterized as a collateral agreement for issues of enforcement. Hawrish v. Bank of Montreal, [1969] S.C.R.  515 at 524, adopts the principle of enforceability as follows:
A distinct collateral  agreement, whether oral or in writing, and whether prior to or contemporaneous  with the main agreement, is valid and enforceable even though the main  agreement be in writing, provided the two may consistently stand together so  that the provisions of the main agreement remain in full force and effect  notwithstanding the collateral agreement.
Hawrish  outlines three elements required for enforceability of a collateral contract.  They are that:
a)   the terms of the  contract are clearly shown;
b)   there is a clear  intention to contract; and
c)    the collateral  contract is not inconsistent with or does not contradict the main contact.
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It has already achieved the certification for its data centers and expects to complete the process for the applications within a month or so, Kulcon said.
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