INTRODUCTION
Since their legal recognition in 18971, exculpatory and limitation of liability clauses have repeatedly allowed contracting parties to structure their contractual relationship according to their wishes and to protect themselves from the consequences of a judgment. Particularly in service contracts, exculpatory or limitation of liability clauses play an essential role in defining the parties’ obligations and limiting the legal risks associated with the performance of their services. However, although these clauses are generally valid, the Supreme Court of Canada, in a decision rendered in 2021, clarified their limits and effects.2 This article therefore focuses specifically on the validity and limitations of exculpatory or limitation of liability clauses in the context of service contracts. (more…)
