This paper discusses damages for breach of contract. It reviews the Tercon test (Tercon Contractors Ltd v British Columbia (Minister of Transportation & Highways), 2010 SCC 4) for interpretation of exclusion of liability clauses, and then highlights judicial consideration of limitation and exclusion clauses post-Tercon. It also discusses recent judicial treatment of liquidated damages clauses.

This paper is part of a collection presented at LESA’s The Law of Damages 2018 program in Edmonton on March 8, 2018 and in Calgary on March 15, 2018.