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ARTICLE · 04 MARCH 2022

A Forecast On Climate-Change-Related Disputes In Canada

Blake, Cassels & Graydon LLP
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Court actions and arbitrations in Canada are increasingly dealing with climate-change-related issues, including the impact of severe weather and changes in regulation.

CanadaEnvironment
Laura Cundari
Laura Cundari
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Court actions and arbitrations in Canada are increasingly dealing with climate-change-related issues, including the impact of severe weather and changes in regulation. Disputes about construction delays and disruptions, insurance coverage, and supply chain impacts — combined with changes in regulation and academic commentary on the law of climate change — suggest a potential shift in Canadian law.

Below are five key takeaways from these developments:

  1. Project Delays. Performance-based contracts often contain clauses permitting delays for unforeseen events, including abnormal weather. As climate change increasingly affects weather patterns, it will become more difficult to distinguish between normal and abnormal weather and assess the foreseeability of related delays. This places a premium on clear and strategic contract drafting.

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