I am an independent contractor looking to terminate my contract early. Is this possible?
Not VerifiedOntario lawyer
Depends on whether there is a force majeure provision in your contract. A force majeure provision would suspend performance of the contract in the event of some unanticipated 'greater force' or 'act of god'. Some have argued that the COVID-19 pandemic amounts to an act of god which permits suspension of the contract. This entirely depends on the language in the contract and depends on the obligations of the contract, particularly, whether or not the obligations cannot be performed. If there is no force majeure provision in the contract, the doctrine of frustration is a general common law principal imported into all contracts that you may be able to avail. Whereas force majeure would suspend the operation of the contract for the duration of the 'act of god', frustration would terminate the contract as a whole. Its best to have a lawyer quickly review this document to determine if you may rely on either of these provisions to terminate your contract.
Posted 16 days ago
Shira Kalfa is a founding partner of Kalfa Law, a business & tax law firm in Toronto. As the lead solicitor at Kalfa Law, Shiras' practice is focused on:
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