Chinook Appliances Ltd. v. Wellington Square Holdings Ltd.

Chinook Appliances Ltd. v. Wellington Square Holdings Ltd.

Where industrial vibrations arose from an unsuitable floor rather than improper installation or operation by the tenant, there was no breach of the lease by the tenant and the landlord's application for possession must be dismissed; therefore the trial judgment dismissing eviction was correct and restored.

Citation
[1977] 2 SCR 601
Parties
Appellant (tenant): Chinook Appliances Ltd.; Respondent (landlord): Wellington Square Holdings Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 May 1977
Procedural Posture
Appeal / Final Appeal to the Supreme Court of Canada From the Supreme Court of Alberta, Appellate Division
Outcome
Appeal allowed; judgment of the Appellate Division set aside; judgment of trial judge (Kirby J.) restored.
Legal Topics
Eviction, Breach of Lease, Possession, Building Vibrations, Fit for Purpose
Source Language
English
Landlord and Tenant Commercial Lease Property Eviction Breach of Lease Possession Building Vibrations Fit for Purpose

Case Brief

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Parties

Chinook Appliances Ltd.

Appellant (tenant)

Wellington Square Holdings Ltd.

Respondent (landlord)

Procedural Posture

Appeal / Final Appeal to the Supreme Court of Canada From the Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether the tenant breached the lease by operating equipment that caused severe building vibrations
  2. 2 Whether landlord was entitled to possession/eviction based on alleged nuisance or breach

Ratio Decidendi

Where industrial vibrations arose from an unsuitable floor rather than improper installation or operation by the tenant, there was no breach of the lease by the tenant and the landlord's application for possession must be dismissed; therefore the trial judgment dismissing eviction was correct and restored.

Court Disposition

Appeal allowed; judgment of the Appellate Division set aside; judgment of trial judge (Kirby J.) restored.

Orders

  • Appeal allowed.
  • Judgment of the Supreme Court of Alberta, Appellate Division set aside.