Negligent Misrepresentation
This tort is often used in the context of avoiding a harsh termination clause, or simply where the pre-contractual negotiations have caused the plaintiff damages due to detrimental reliance upon…
Unsophisticated Party
Unsophisticated Party and the “Entire Agreement” Clause The Divisional Court in its February 2014 decision in 2190322 Ontario Ltd. v Ajilon Consulting reviewed an appeal from a decision of Mongovan…
Entire Agreement Clause
The “Entire Agreement” Term Such a clause, which is distinct from a disclaimer clause, yet much to the same legal effect, has traditionally been determined to be unenforceable in defending…
Tercon – More on Disclaimers
Tercon – Supreme Court Defines the Rules on Disclaimer Clause The most recent decision on this issue is the Supreme Court of Canada ruling in Tercon Contractors Ltd. v BC…
Disclaimer Clause
The issue arises as to what impact a disclaimer clause denying such representations may have upon the claim of negligent misrepresentation as reviewed above. This issue was reviewed by the…