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Screen Shot 2016-07-12 at 10.11.32 AM Five years after the Supreme Court’s controversial split decision struck down a limitation of liability clause in Tercon Contractors Ltd. v. British Columbia, the protections provided by liability disclaimers remain far from clear. The Ontario Court of Appeal’s recent decision in Rankin Construction Inc. v. Ontario, which upheld a liability disclaimer, provides a rare case study in applying the Tercon test in tendering cases. This webinar will revisit the Tercon decision, consider its application in the Rankin case, and discuss how using flexible formats and ensuring compliance with your process rules remains your best risk mitigation strategy.


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