Does a limitation in liability apply to a defendant?

Before considering whether or not the limitation should be upheld and enforced, it must be determined whether the clause is wide enough to cover not only the breach of contract, but the Defendant’s negligence as well. In Queen v. Cognos, 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87 at 140, Iacobucci J. states:– It is trite law that, in determining whether or not a limitation (or exclusion) of liability clause protects a defendant in a particular situation, the first step is to interpret the clause to see if it applies to the tort or breach of contract complained of. If the clause is wide enough to cover, for example, the defendant's negligence, then it may operate to limit effectively the defendant's liability for the breach of a common law duty of care, subject to any overriding considerations.