Confidential service offered by psychologists who actively listen and provide support when you are struggling. In IT service contracts, it is common to find disclaimers that protect companies that offer software and professional services for the implementation or integration of IT systems. Dispute Does such a contractual disclaimer apply under Canadian civil law in the event of a breach of a fundamental duty? In 6362222 Canada Inc. v. Prelco Inc., recently published, the Supreme Court of Canada ruled that the disclaimer in question was freely negotiated between the parties and resulted from a compromise between the two parties. It was therefore necessary to respect it. The respondent “Prelco” instructed the appellant “Créatech” to provide software and services for the implementation of an integrated management system, the purpose of which was to manage and track all information on operational services found in a large number of databases. In addition to the many recurring problems during the implementation of the system, Prelco decided to terminate its contractual relationship with Créatech and hired another company to put the system into operation. Prelco then sought damages from Créatech, while Créatech filed a counterclaim for the outstanding balance of Prelco`s project.

Thus began a long legal dispute that ended before the Supreme Court. In its decision, the Supreme Court considered various arguments that, in Prelco`s view, would have precluded the application of the disclaimer. The Court rejected these arguments. Reaffirming the primacy of contractual freedom The Supreme Court of Canada has held that the Civil Code is intended to ensure the contractual freedom of the parties and to strike a balance between the notion of public policy and the principle of freedom of contract. However, when examining the applicable legal principles, the judges found that the principle of respect for the contractual will of the parties provides for exceptions, for example in cases of gross negligence or wilful misconduct, when economic forces are unbalanced (e.g. a contract between a trader and a consumer), when adhesion contracts and other types of contracts, such as: The appointment contracts mentioned in the Civil Code are affected or when the exclusions cover liability for bodily injury or moral damage. Conclusion Of this decision, it is advantageous for computer service providers or other service providers to choose to be subject to the Quebec regime in contracts in which the parties negotiate a clause limiting or excluding liability. Contact us for a quote or advice on your pet insurance. We represent individuals and companies in breach of contract, in debt collection, unfair competition / trade secrets, insurance and construction. This service does not include document analysis, personalized advice or reimbursement of judicial or extrajudicial costs. Let us do the work when it comes to booking restaurants, hotels or meeting rooms for your business events.

We can also help you find service providers in different areas. Service of specialists who can help you make hotel reservations, inform you about the customs of a country, let you know what kind of entertainment is available there, etc. This service facilitates the organization of business trips and ensures a smooth process. In the second entry in this three-part article series, we share with you the next set of intellectual property (IP) bugs (Bug #6 to #9) that we regularly see in startups. We hope you find it useful for your business. Be sure to read our first entry in this series, where we go through errors #1 to #5. Have fun reading! Part 2 of 3: Trademarks, Design, Copyrights, and Trade Secrets Errors #6: Getting Your Product to Market Without Checking the Availability of Your Brand Choosing a Brand can be a time-consuming and expensive process. People sometimes focus on the attractive features of a brand and forget that its main function is to distinguish the products or services of a company from those of others. In order to properly perform this function, the trademark should not be confused with other trademarks, trade names and domain names. In order to avoid any conflict with existing rights, an availability check should be carried out before the introduction of a trade mark and the introduction of a new product, service or undertaking. In addition, it may not be possible to register a trademark if it has certain necessary intrinsic characteristics, and a trademark may not be usable if it conflicts with the rights of third parties.

A search determines where your desired brand stands in relation to these two aspects; If necessary, it may be necessary to choose a different brand. Performing a trademark search before launch can save you from having to change the trademarks after the sale begins or after the commercial development of your products or services. redesign your advertising campaign; Modification of your documentation, website and packaging; And developing a new marketing strategy to transfer and maintain goodwill around your original brand will be an expensive and time-consuming task that could have been invested elsewhere. Such a process also carries the risk of damaging your reputation or losing your goodwill. Mistake #7: If you don`t sign your software or graphic designer, sign Many people think that a copyright is used to protect a work with exceptional artistic qualities. However, such a thought is wrong.