However, as noted by the applicants, the respondents have not pleaded incompetence and recklessness. Further, I agree with the applicants that the preferred view of the applicable legal principle in determining whether there is an overriding public policy reason not to enforce a limitation clause is that absent a legislative prohibition, parties are free to contract out of tort liability provided they do so in clear and unambiguous language (Ferrer v. Janik, 2019 BCSC 1004, para. 26). Any overriding public policy must outweigh the strong public interest in the enforcement of contracts.
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