What is the test for proving that a contract has been frustrated?
Ontario, Canada
The following excerpt is from Bang v. Sebastian, 2018 ONSC 6226 (CanLII):
A party claiming that a contract has been frustrated has the onus of proving the constituent elements necessary to establish frustration: Gerstel v. Kelman, 2015 ONSC 978 (CanLII), 40 B.L.R. (5th) 314. I have determined that the purchaser defendant has failed to do so. Application of Principles
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