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liability

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 Devan Marr | 3 Minutes Read May 20, 2020

Don’t forget the “precedented” business risks: liability claims

With Ontario beginning the process of “re-opening”, businesses with public facing services need to shift their focus managing the risk of operating in a pandemic and ensure they do not inadvertently expose themselves to more familiar forms of liability.

Article by Devan Marr / Employee Relations, Health and Safety / COVID-19, Disability Claims, employee safety training, Employer liability, employment law, liability, Long-term disability, Slips and falls

By Occasional Contributors | 3 Minutes Read November 19, 2018

Holiday party do’s and don’ts

As the holiday season approaches, it’s time to revisit the law of employer host liability. If your organization is planning to host a workplace holiday party where alcohol or other legal intoxicants may be served or used, you’ll want to protect your guests from harm and your organization from the potential for significant liability for damages sustained or caused by an impaired employee.

Article by Occasional Contributors / Employee Relations, Health and Safety / alcohol, alcohol and drugs policy, alcohol to be consumed at the party, Employer sponsored event, employment law, holiday party, liability, monitor alcohol consumption, office Christmas party, office holiday party, staff Christmas party, staff holiday party

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