Does the exclusion clause provide the government with a defence to Tercon's action? Explain.
Tercon Constractors Ltd. (Tercon) sued the government of British Columbia because it chose an ineligible bidder for the job, contrary to the terms of Contract A. Tercon claimed that this breach of Contract A entitled it to damages in the amount of profit it would have earned had it been awarded Contract B. By way of defence, the government of British Columbia relied on an exclusion clause to make any breach of the contract not actionable. The decision from Supreme Court of Canada is set out at