According to the general rule set out in Art. 1470 of the Civil Code of Québec, superior force releases the debtor from its contractual obligations, unless explicitly stipulated otherwise. Superior force is an unforeseeable and irresistible event, including external causes with the same characteristics.
For example, if a company’s physical establishment experiences a sudden flood, and the employer cannot provide work during the renovation period, such circumstances could be held to be superior force.
It is only in exceptional circumstances that economic difficulties faced by an employer will be considered a case of “superior force”.
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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.