Blog Bite: Does indemnification constitute a waiver of a party's right to place limitations on their liability?

The article Canada: Can You Contract Out Of The Limitation Of Liability Convention? A Cautionary Tale looks at case law to show how in some instances indemnification can be argued as a party waiving its right to limit its liability. However, the courts have found that only to be the case if that is the intention of the party and explicitly stated in the agreement.

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Written by Alina.