On September 30, 2019, the Ontario Court of Appeal upheld the Ontario Superior Court decision of Justice Ryan Bell in Mississippi River Power Corporation v. WSP Canada Inc., 2018 ONSC 6104.
This is an important case for owners, consultants and contractors because it means that a limitation of liability clause in a consultant’s contract may also be of benefit to the contractors on the project, which leaves the owner with a smaller pot of money from which to recover in the event of a claim.