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Weathering the Storm: The Force Majeure Clause

Sep 29, 2011 | Blawg 

Landlords and tenants want to ensure that their commercial leases provide them with rights and remedies in the event of unforeseen circumstances that are beyond the control of the parties. These rights often come in the form of a force majeure clause, which generally operates to relieve one or both parties from their obligations under the lease when an intervening event renders performance impossible.

A recent article by the team at Daoust Vukovich LLP entitled “Weathering the Storm: The Force Majeure Clause” provides a discussion on the nature and importance of a force majeure clause in the context of commercial leasing. It provides insight into the critical elements of a force majeure clause, considerations for drafting an effective force majeureclause and the recent materialization of “economic force majeure” in Canadian case law.