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Can a disclaimer relieve a party of liability to a third party?

CLAUSE DISCLAIMING RESPONSIBILITY TO THIRD PARTIES RELIEVES CONSULTANT OF RESPONSIBILITY FOR NEGLIGENCE IN PREPARATION OF ENVIRONMENTAL REPORT Wolverine Tube (Canada) Inc. v. Noranda Metal Industri...

Will an insurance policy cover any and all aspects of liability mentioned in an agreement?

CONTRACTUAL LIABILITY FOR BREACH OF DATA SECURITY NOT COVERED BY INSURANCE POLICY Aldo Group Inc. c. Chubb Insurance Company of Canada 2013 QCCS 2006 (CanLII) A general insurance policy that cov...

Blog Bites: The factors that the court considers in accounting for profit remedies in a Canadian patent infringement litigation

  This article posted on our partner site Mondaq.com highlights the major issues in an important patent infringement case relating to the disgorgement of profits in Canada. The Federal Cou...

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

This article posted on our partner site Mondaq.com 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 cou...

The ABCs of MSAs

Introduction There are three things you need to consider carefully in every Software Development Master Services Agreement (MSA): (A) Indemnity; (B) Liability; and (C) Ownership of Intelle...

Blog Bite: Can the limitation of liability protect a party against third party claims?

This article posted on our partner site Mondaq.com looks at the relationship between shippers and railways to discuss how the latter's liability can be limited for third party claims so long as they...

Blog Bite: How can limitation of liability be used to negotiate on indemnities?

This article posted on our partner site Mondaq.com looks at how limitation of liability is negotiated against indemnity through measures like caps, time periods, and using qualifying language in the...

Blog Bite: How can the limitation of liability clause be drafted to be more effective?

This article posted on our partner site Mondaq.com uses case law to discuss the reach of limitation of liability clauses. For example, when a party to a project has a subcontractor who engages in ne...

Choosing a Board of Directors or Board of Advisors For Your Business

Selecting a board of directors or a board of advisors is an important decision and should be given careful consideration. An early decision that company stakeholders will often make, to achieve their ...

Blog Bite: What laws must parties be aware of when structuring a contractor agreement?

This article posted on our partner site Mondaq.com pinpoints notable features of the Russian Federation's Civil Code with respect to independent contractor agreements such as mandatory provisions, d...

Blog Bite: Why is an operating agreement important for protecting the joint venturer’s individual interests?

This article posted on our partner site Mondaq.com talks about how joint venturers may be found jointly and severally liable to their counterparties. Joint venturers should proactively plan for the ...

Blog Bite: What is the relationship of indemnity to the limitation of liability?

This article posted on our partner site Mondaq.com points out that the language of indemnity (maximizing damages received) is at odds with that of limitation of liability (minimizing damages given),...

Blog Bite: Why is it important to negotiate specifics like caps on liability, exclusions, and time periods?

This article posted on our partner site Mondaq.com points out that if this clause is worded too broadly or ambiguously, the courts can interpret it as disproportionately benefiting the party putting...
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