Mega Reporting Inc. v. Yukon (Government of), 2018 YKCA 10
Jurisdiction | Yukon |
Judge | The Honourable Chief Justice Bauman,The Honourable Madam Justice Cooper,The Honourable Mr. Justice Fitch |
Citation | 2018 YKCA 10 |
Date | 19 June 2018 |
Court | Court of Appeal (Yukon Territory) |
Docket Number | 17-YU821 |
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5 practice notes
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Exculpatory Clauses
...constitute criminality or fraud to meet the test. See Tercon at para 118. 157 Ibid. 158 Above note 98. 159 Karsales , above note 14. 160 2018 YKCA 10. See also, Ferrer v 589557 BC Ltd , 2020 BCCA 83 (negligent home inspection — clause effective — later reform of regulatory scheme to preclud......
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Contracting Out Of A Duty Of Fairness - Fair Play? -Tercon Revisited
...was front and center again in a very recent decision from the Court of Appeal of Yukon in Mega Reporting v. Yukon (Government of), 2018 YKCA 10. In Mega Reporting, the court addressed the thorny issue of whether a clearly written and unambiguous exclusion clause could assist the Yukon Gover......
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'Bid At Your Own Risk': Yukon Court Of Appeal In Mega Reporting Upholds Waiver Of Liability In Government Procurement Process
...with contractual terms freely agreed upon by sophisticated business parties. Case Information Mega Reporting Inc. v. Government of Yukon, 2018 YKCA 10 Docket: Date of Decision: June 19, 2018 To view the original article click here The content of this article is intended to provide a general......
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Fairness Is In The Eye Of The Beholder In The Tender Process
...of liability clause is enforceable was recently considered by the Yukon Court of Appeal in Mega Reporting Inc. v. Yukon (Government of), 2018 YKCA 10. The Government of Yukon conducted an RFP for a contract to provide court reporting and transcription services. The RFP was to be conducted i......
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4 firm's commentaries
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Contracting Out Of A Duty Of Fairness - Fair Play? -Tercon Revisited
...was front and center again in a very recent decision from the Court of Appeal of Yukon in Mega Reporting v. Yukon (Government of), 2018 YKCA 10. In Mega Reporting, the court addressed the thorny issue of whether a clearly written and unambiguous exclusion clause could assist the Yukon Gover......
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'Bid At Your Own Risk': Yukon Court Of Appeal In Mega Reporting Upholds Waiver Of Liability In Government Procurement Process
...with contractual terms freely agreed upon by sophisticated business parties. Case Information Mega Reporting Inc. v. Government of Yukon, 2018 YKCA 10 Docket: Date of Decision: June 19, 2018 To view the original article click here The content of this article is intended to provide a general......
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Fairness Is In The Eye Of The Beholder In The Tender Process
...of liability clause is enforceable was recently considered by the Yukon Court of Appeal in Mega Reporting Inc. v. Yukon (Government of), 2018 YKCA 10. The Government of Yukon conducted an RFP for a contract to provide court reporting and transcription services. The RFP was to be conducted i......
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Case Law Summaries - Contracts
...taking any action. The Court also granted Fieldex's counterclaim for abuse of process. MEGA REPORTING INC. V. YUKON (GOVERNMENT OF), 2018 YKCA 10 In this decision, the Yukon Court of Appeal unanimously upheld a waiver of liability clause in the Yukon government's Request for Proposal (RFP) ......
1 books & journal articles
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Exculpatory Clauses
...constitute criminality or fraud to meet the test. See Tercon at para 118. 157 Ibid. 158 Above note 98. 159 Karsales , above note 14. 160 2018 YKCA 10. See also, Ferrer v 589557 BC Ltd , 2020 BCCA 83 (negligent home inspection — clause effective — later reform of regulatory scheme to preclud......