Ian Matthews
Osler Hoskin & Harcourt LLP
Articles
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SCC eliminates doctrine of fundamental breach in contract law; Tercon decision strongly endorses upholding exclusion of liability clauses absent proof of an “overriding” public policy to the contrary
Canada - February 16 2010 In a procurement decision that will have a wide-ranging and significant impact on all types of contractual disputes, the Supreme Court of Canada (SCC) has "laid to rest" the doctrine of fundamental breach in Canadian contract law.
