We Will Not Be Able to Fulfill Contractual Obligations – What Are Our Legal Rights And Options?

The COVID-19 emergency, and resulting measures put in place by governments across Canada, will make it difficult for some companies to fulfill existing contractual obligations.

The purpose of this bulletin is to outline some of the relief that may be available to defaulting parties. Specifically, we will address force majeure clauses, frustration of contracts, and relief from forfeiture in common law jurisdictions in Canada (not Quebec), with a focus for discussion on Alberta and B.C.

We will use a few hypothetical situations to help illustrate the legal principles. Our application of the law to these scenarios should not be relied on as legal advice. The options and strategy in relation to any given contract will be fact- and contract-specific. 

To read the bulletin, please click on the link below:

We Will Not Be Able to Fulfill Contractual Obligations - What Are Our Legal Rights And Options?