Vancouver Breweries Limited v. Dana

Vancouver Breweries Limited v. Dana

The lease was of land and building (not of the liquor licence) and the lessor had not undertaken any obligation that would disable enforcement of the tenant's covenant to pay rent; therefore non-renewal of the liquor licence (through no fault of the lessee) did not terminate the lease or relieve the tenant of the obligation to pay rent.

Citation
(1915) 52 SCR 134
Parties
Appellant / Defendant: Vancouver Breweries Limited; Respondent / Plaintiff: A. J. Dana; Respondent / Plaintiff: J. A. Fullerton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 November 1915
Procedural Posture
Civil Appeal (landlord and Tenant) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed; judgment of the Court of Appeal for British Columbia affirmed.
Legal Topics
Lease, Loss of Liquor Licence, Implied Condition, Covenant to Repair and Improve, Termination of Lease, Rent Obligation
Source Language
English
Landlord and Tenant Property Contract Lease Loss of Liquor Licence Implied Condition Covenant to Repair and Improve Termination of Lease +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Vancouver Breweries Limited

Appellant / Defendant

A. J. Dana

Respondent / Plaintiff

J. A. Fullerton

Respondent / Plaintiff

Procedural Posture

Civil Appeal (landlord and Tenant) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether non-renewal of a liquor licence (not caused by the lessee) terminates the lease and relieves the tenant of the obligation to pay rent
  2. 2 Whether the lessor's covenant to repair and improve premises in order to comply with municipal regulations creates an implied condition that the lease ends if the premises cease to be licensed
  3. 3 Whether the subject-matter of the demise was the licence or the land and building

Ratio Decidendi

The lease was of land and building (not of the liquor licence) and the lessor had not undertaken any obligation that would disable enforcement of the tenant's covenant to pay rent; therefore non-renewal of the liquor licence (through no fault of the lessee) did not terminate the lease or relieve the tenant of the obligation to pay rent.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for British Columbia affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for British Columbia affirmed