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By McCarthy Tétrault LLP | 5 Minutes Read March 20, 2023

When the chips are down – BC Court of Appeal provides guidance on force majeure, frustration and declaratory relief

force mejeureIn Interfor Corporation v Mackenzie Sawmill Ltd, the British Columbia Court of Appeal dismissed an appeal from a summary trial decision ordering declaratory relief. Interfor confirms that the presence of a force majeure provision does not displace the doctrine of frustration; rather, a force majeure provision can signal whether the parties foresaw the events alleged to have frustrated the contract. Interfor also teaches that a force majeure provision that permits a party to “discontinue or curtail delivery” without liability does not permit the party to terminate its obligations permanently.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / British Columbia Court of Appeal, contract, declaratory relief, force mejeure, frustration of contract, liability Leave a Comment

By Occasional Contributors | 3 Minutes Read July 9, 2019

Assignment of a contract of purchase and sale: Get it in writing

In the recent case of Guraya v Kaila, 2019 BCSC 101 (CanLII), the Plaintiff’s sought to enforce a verbal assignment of a contract of purchase and sale in the face of vendors refusing to complete with the assignee purchasers.

Article by Occasional Contributors / Business, Finance and Accounting / contract, contract for purchase and sale, contract of purchase and sale, contractual obligations, Law and Equity ACt, written contract

By Occasional Contributors | 4 Minutes Read October 18, 2018

Contracts of purchase and sale: Removing subjects

Most people familiar with the purchase and sale of real property are familiar with subject to clauses, the full legal significance of such clauses can be a source of confusion. The misunderstanding of the legal meaning of subject to clauses was at the heart of the litigation in Dhaliwal v Binepal.

Article by Occasional Contributors / Business, Finance and Accounting / contract, contract law, contracts of purchase and sale, litigation, Removing subjects

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