Geneviève Fauteux

On July 31, the Supreme Court of Canada released its judgment in , clarifying when Canadian courts have jurisdiction over a legal proceeding. The decision is of particular interest to businesses based outside of Canada, or with ties to Canada, who may be required to defend against proceedings commenced in Canada.

The COVID-19 pandemic has resulted in much uncertainty around how rarely invoked legal doctrines, legislation and contractual provisions are interpreted by the courts. Among these, the 1990 Frustrated Contracts Act , RSO 1990, c F.34, which has only been litigated a few dozen times, has become a common tool for litigants facing a breach of contract claim. For financial institutions, cases interpreting this legislation will be of great interest.

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