Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject uncertainty into what claims or implied statutory obligations are excluded from the parties agreement. In the event of a later dispute, the scope and import of the exclusion clause will be of considerable importance.
Over the last few years, there has been considerable uncertainty in Canada about the standard of review applicable to appeals from domestic arbitral awards. This uncertainty stemmed in.
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