The “Impossibility Doctrine” in law applies to situations in which a law or contract is made, which is physically impossible to fulfill.
Taxi News wrote Toronto’s Legal department through the Media office on September 25th to ask if any law requiring Taxis to be 100 per cent electric would qualify as “impossible” given that no insurance companies will currently insure fully electric Taxis.
“Leading up to 2030, the City will closely monitor market conditions, including availability of insurance,” Toronto staff state in an email sent to Taxi News on September 29th.
“Recommendation 3f approved by the Economic and Community Development Committee on Thursday, September 21 (and subject to approval by Council October 11 to 13), requires staff to report back on the following:
‘3f. Report on an annual basis from 2025 to 2029, including ongoing assessment of requisite infrastructure and capacity in the charging network, electric grid, consumer supply and other identified resources and/or actions for the sector to meet the 2030 electrification requirement.
Insurance availability would be included under ‘other identified resources‘ required ‘for the sector to meet the 2030 electrification requirement,” staff indicated in the email. (Bolding ours)
The legal doctrine of “Impossibility” is most often applied to contracts. During COVID-19, it was used in an increasing number of lawsuits as businesses subject to lockdowns and government mandates were incapable of legally fulfilling the terms of contracts which they had negotiated in good faith.