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23 Feb

“Enough is Enough” – frustration expressed by Ontario Courts over litigation misconduct during the pandemic

Tuesday, February 23, 2021Gavin J. Tighe, James R.G. CookLitigationFrustration, COVID-19

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At the time of this writing, it has been almost a year since civil litigation was routinely conducted in a physical courtroom. While parties and their...

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2 Apr

Frustration and Pandemic - A Long Term Perspective on COVID-19 and Frustration of Contracts

Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCOVID-19, Compliance, Frustration, Force Majeure, Contract Law

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In these times of global health uncertainty and economic troubles it is tempting to jump to the “frustration of contract” conclusion. While we acknowledge that it is tempting to see the current economic trouble as frustrating the performance of contract there are a number of factors that must be considered when...

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