SCC provides guidance on the interpretation of exclusion clauses, relies heavily on context

By David Elliott and Chloe Snider ( July 15, 2024, 1:16 PM EDT) -- In its recent decision, Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, the Supreme Court of Canada (SCC) addressed just how express an agreement needs to be to oust an implied statutory condition and exclude liability. Specifically, the SCC clarified what is required for an exclusion clause to exempt a seller from an implied condition under Ontario’s Sale of Goods Act (SGA)....