Court of Appeal Applies Force Majeure Clause to COVID-19 Business Closure

In a recent decision, the Court of Appeal for Ontario has confirmed that a contractual force majeure clause may be triggered without fault, breach, or intentional interference by the party whose performance is affected. In LAF Canada Company v. Woodbine Highway 7 Retail Inc. the Court dismissed a landlord’s appeal from a decision holding that COVID-19 closure orders prevented it from providing premises for use as a fitness facility. The lease was extended by 348 days, with no additional rent payable during the extension. LAF leased premises in Markham to operate an LA Fitness club. During the COVID-19 pandemic, government ... [more]
Silva v. Royal Bank of Canada: A cautionary tale about terminating for cause
When AI Gets It Wrong: Lessons from Mazaheri v Law Society of Ontario
Developments
AGM Lawyers Recognized in the 2027 Editions of The Best Lawyers in Canada™ and Best Lawyers: Ones to Watch in Canada™
Affleck Greene McMurtry LLP is pleased to announce that Best Lawyers has recognized seven of ... [more]
AGM Renews Its Commitment to UWI Scholarships — and Congratulates the Toronto Gala on 17 Years
AGM is proud to support the University of the West Indies scholarship and bursary programmes ... [more]
Greenwashing Provisions Repealed: A Short-Lived Chapter in Competition Law
Well, that didn’t last long. Just months after the Competition Act was amended to require ... [more]
From Funnel Cakes to Food Apps: Competition Bureau Takes Aim at Drip Pricing
The Canadian Competition Bureau has launched two separate legal actions against major companies for allegedly ... [more]
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