Lloyd's Brief: Canadian Legal Perspectives

A collage of construction, railway, canadian flag, wheat and oil rig

June 2015

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Limitation of Liability Clauses: Are They Enforceable and Effective?

Karen L. Weslowski

A frequent issue raised by design consultants is the extent to which they can limit liability for claims through limitation of liability clauses.  Although such clauses are enforceable, recent case law raises questions as to their practical effectiveness. Enforceability of...


Conduct of Defence Counsel: A Lesson from the Bench

David LeDrew

The Ontario Superior Court of Justice recently set out a laundry list of items that counsel should refrain from doing when defending a claim. In Aiyub Saleh v. Ludwig Nebel, 2015 ONSC 3680, Justice Myers gave defence counsel a shellacking. ...


Don’t Give the Game Away – Tips on Maintaining Litigation Privilege

Mark Alexander

Courts have long recognized the origin and rationale of solicitor-client privilege as a necessary and essential tool for the effective administration of justice.  A related but conceptually distinct protection is that of litigation privilege.  While both forms of privilege serve...


Displaying 1-3 of 3