Frustration of Contracts Ontario: What You Should Know


Frustration of contracts is a legal doctrine used most commonly in the area of employment law. While employment lawyers are quite familiar with its meanings and intricacies, most of the people impacted by the doctrine, namely employers and employees are not nearly as clear.  The COVID-19 pandemic has created complicated contractual relationships for many, raising many questions about frustration of contracts in Ontario.  To help employers and employees properly navigate this legal landscape, we are answering some common questions about the doctrine of frustration and what it could mean for you. What is Frustration of Contract? Some contracts contain what is [...]

Frustration of Contracts Ontario: What You Should Know2022-07-01T14:27:23-04:00

Courts in Ontario Interpret Meaning of Force Majeure During COVID-19


November 4, 2020 By: Michael Conway Businesses faced a novel challenge in Ontario when due to the COVID-19 pandemic, non-essential businesses were forced to close for an extended period of time to protect Ontario's public health. All businesses faced the challenge of how to respond to these unexpected closures which in some cases put a complete stop on operations and revenues for up to months. Faced with a lack of revenue, businesses became unable to pay bills necessary to keep them in business. A common example of this are rent payments. Organizations turned to the provisions of their contracts and many [...]

Courts in Ontario Interpret Meaning of Force Majeure During COVID-192021-06-21T15:10:18-04:00

Common Misconceptions in Residential Renting


September 24, 2020 By: Michael Conway Individuals and businesses in Ontario are generally free to enter into contracts with each other. When you form a legal agreement with another party each party becomes legally required to perform certain things. There are some kinds of contracts though that the law in Ontario is concerned about. Where the law feels that if parties are left to their own devices, individuals would be forced into unfair agreements that would have an important impact on their lives, it enforces specific requirements for those contracts. A commonly known and understood example of this is the minimum [...]

Common Misconceptions in Residential Renting2020-11-12T16:45:24-05:00

Never Ending Rights – The Status of Perpetual Contract Obligations in Ontario


August 18, 2020 By: Michael Conway Can two parties create contractual obligations which bind in perpetuity? If I make a contract with someone else that says that I agree to let them park in my driveway in perpetuity, should the other person be allowed to hold me to that promise 75 years from now? Is it unconscionable to include in a contract that one party is bound to do something forever for all time? The Court of Appeal for Ontario says that this sort of contractual clause is permissible and does not offend public policy. Perpetual Clauses A perpetual clause – [...]

Never Ending Rights – The Status of Perpetual Contract Obligations in Ontario2020-11-12T15:33:56-05:00
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