Canada Case Law

Windsor-Essex Catholic District School Board v. 2313846 Ontario Limited o/a Central Park Athletics

Court

Court of Appeal for Ontario

The Court held that the COVID-19 government lockdowns prevented the landlord from enabling tenant use as contemplated by Clause 15.14, which required that rent 'shall fully abate' during such period; the trial judge's interpretation was reasonable and not a palpable and overriding error, therefore rent was abated and the appeal was dismissed.

Source excerpt

• Contractual interpretation
• Force majeure clause
• Rent abatement
• Covid-19 lockdowns

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Inferor Corporation v. Mackenzie Sawmill Ltd.

Court

Supreme Court of British Columbia

The court held that fires destroying the Mackenzie Mill did not permanently discharge MSL under the CSA and did not frustrate the contract.

• Force majeure clause
• Doctrine of frustration
• Contractual interpretation
• Declaratory relief
• Alter ego/conspiracy allegations
• Force-majeure

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