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Supreme Court of Canada to Consider Limitation of Liability Clauses in Tender Documents


Area Construction and Infrastucture


On July 10, 2008, the Supreme Court of Canada granted leave to appeal and will hear the appeal of Tercon Contractors Ltd. (“Tercon”).  Previously, the British Columbia Court of Appeal had overturned the trial court’s decision which awarded Tercon $3,300,000.00 in damages.  At issue in the case is the government’s reliance on an exclusion of liability clause contained in the RFP documents that accompanied a call for submissions on a project for the British Columbia Ministry of Transportation (“Ministry”).

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