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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.

Mark A. Gelowitz, Roger Gillott, Paul Ivanoff