How have courts interpreted a limitation or exclusion of liability clause in a personal injury case?
Ontario, Canada
The following excerpt is from Richards v. Media Experts M.H.S. Inc., 2012 ONSC 3518 (CanLII):
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: Queen v. Cognos Inc., 1993 CanLII 146 (SCC), [1993] 1 S.C.R. 87, para. 91
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