Tercon Decision Coming Tomorrow

I dislike waiting. Someone doing a word association test would never blurt my name as a response if the word “patience” was provided. Lucky for me, tomorrow ends the wait for the Supreme Court of Canada’s decision in Tercon Contractors Ltd. v. Her Majesty the Queen in Right of the Province of British Columbia by her Ministry of Transportation and Highways.

There is a considerable amount of commentary about Tercon available from a wide variety of sources on the web:

Note especially the last three links above. The ease of publishing on the web means that comments about trial level decisions can show up in the first 10 google hits as easily as comments about tomorrow’s court of last resort decision. Simon recently asked How Do Lawyers Get Their Information?. My hope is that it is from a variety of sources, including the most current if necessary.

I will be taking a couple of weeks off from posting to read Tercon, among other things. Hope you don’t mind the wait.


  1. Hi- I saw your incoming link and thought you might like to know that I have an update with a statement from Glenn Walsh. You can access that here: http://lailayuile.wordpress.com/2010/02/12/breaking-news-supreme-court-rules-in-tercon-contractors-ltd-vs-british-columbiaministry-of-transportation/

    As well,I know many of my readers would love input on this case from a legal perspective,if anyone is interested in commenting!

    Thanks, Laila

  2. One more piece of evidence that judges hate exclusions of liability for egregious fault and work very hard to find a way around them.

    One wonders what the drafters would have had to do to prepare an exclusion clause that would have worked. “You accept the risk that the government will ignore any limitations to its conduct expressly or impliedly stated in the RFP or the general law of tenders and abandon all hope of a legal rememdy for such conduct”?