• The Supreme Court of Canada Clarifies the Law Relating To Exclusion Clauses and Their Use in Tendering
  • March 24, 2010 | Author: Derek Leschinsky
  • Law Firm: Borden Ladner Gervais LLP - Ottawa Office
  • The Supreme Court’s decision in Tercon Contractors Ltd. v. British Columbia, released February 12, 2010, marks an important development in the laws of contract and tendering. Although the decision resolves uncertainties with respect to the interpretation of exclusion clauses that have lingered for more than 20 years, the Court was divided in a five-four split on the application of the now-settled law to the procurement in question.