How clearly must an exclusion clause limit liability under a contract in order to be effective? In the Earthco case, the Supreme Court of Canada held that it is the “objective meaning of the parties’ express agreement,” and not just the specific language that the parties have chosen in the contract, that determines the scope of an exclusion clause. To understand the implications for businesses – and for anyone else who enters into contracts – Adam Goldenberg speaks with Brandon Kain, McCarthy Tétrault partner and co-founder of the firm’s National Appellate Litigation Group.
