What is the test for frustration in the context of the COVID-19 pandemic?
Ontario, Canada
The following excerpt is from Bank of Montreal v. 2643612 Ontario Ltd.,, 2021 ONSC 4401 (CanLII):
While the parties could not have contemplated the COVID-19 pandemic in November 2018, this is neither here nor there because the fact that the parties’ contractual obligations have not been rendered radically different from the obligations that they originally agreed to is sufficient to dispose of the frustration argument: see Sub-Prime Mortgage Corporation v. Kaweesa, 2021 ONCA 215 at para. 26. Conclusion
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