Limitations of liability Archives

Limitations of liability in IT contracts: Atos v Sapient

For tech lawyers like me and many readers of this blog, it’s a rare treat when a Canadian court construes an IT contract and opines on clauses we see in agreements all the time. The case IT lawyers will want to read is Atos v Sapient, 2016 ONSC 6852

This case involved a contract dispute between the prime contractor Sapient and its subcontractor Siemens (now Atos). Here are some legal nuggets you might want to think about in your next IT contracts.…

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Developments in Computer, Internet and E-Commerce Law (2010-2011)

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v.…

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Supreme Court kills fundamental breach in enforcement of liability disclaimers in Tercon

IT lawyers know all too well that IT contracts can go awry. That is why so much time is spent arguing about limits of liability during contract negotiations. A recent example is the BSkyb Ltd & Anor v HP Enterprise Services UK Ltd & Anor (Rev 1) [2010] EWHC 86 (TCC) (26 January 2010) case where the UK court made a huge damage award against HP.

The Supreme Court had considered on several previous occasions the effect of a fundamental breach on limitations of liability terms.…

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