No exit: Force majeure and economic risk allocation during COVID-19

In this article – “No exit: Force majeure and economic risk allocation during COVID-19” – we review how the pandemic has resulted in an uptick in force majeure cases; litigation between Nieuport Aviation Infrastructure Partners GP and Porter Airlines Inc.; guidance provided to contractual parties by the Ontario Superior Court regarding force majeure; and the Supreme Court of Canada’s interpretation of the application of force majeure clauses.

This article is authored by Jacqueline Code, partner and Chair, Research; James Brown, partner, Corporate and Co-Chair, Mining; and Adam Margeson, associate, Research.

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Our Legal Year in Review, published December 7, 2022, provides general information only and does not constitute legal or other professional advice. Specific advice should be sought in connection with your circumstances.

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