June 01, 2017Drafters should ensure that disclaimers are included in reports/contracts where appropriate, and that they are clearly and comprehensively drafted.
June 01, 2017Contractual Liability for Breach of Data Security not Covered by Insurance Policy. See instance case of Aldo Group Inc. c. Chubb Insurance Company of Canada 2013 QCCS 2006 (CanLII).
April 25, 2017This 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 Court of Canada found in favour of DOW Chemicals in a case of patent infringement.
December 01, 2016This 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.
February 02, 2016This 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.
August 20, 2015This 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 agreement.
February 23, 2015Selecting a board of directors or a board of advisors is an important decision and should be given careful consideration. Both roles are treated differently for liability purposes.
February 02, 2015This 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, and more.
March 12, 2014This article posted on our partner site Mondaq.com talks about how joint venturers may be found jointly and severally liable to their counterparties.
June 14, 2011This 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), so they should be considered in conjunction.
December 16, 2009This 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 it forth and therefore invalidate it.