Athanasiou et al. v. Palmina Puliafito Co. et al.

Athanasiou et al. v. Palmina Puliafito Co. et al.

Because the premises were leased specifically as a theatre and lacked by-law‑required sanitary facilities which the lessor was obliged to provide, the lessor's failure was a breach of a principal obligation making the thing unfit for its intended use and entitled the lessee to rescind the lease under art. 1641(2) of the Civil Code.

Citation
[1964] SCR 119
Parties
Appellants: Socrates Athanasiou and Other Appellants; Respondents: Palmina Puliafito Company Limited and Other Respondents
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 December 1963
Procedural Posture
Civil Appeal to Supreme Court of Canada / On Appeal From Court of Queen's Bench, Appeal Side, Province of Quebec; Final Judgment
Outcome
Appeals dismissed with costs.
Legal Topics
Lease, Rescission, Damages, Obligations of Lessor, Municipal by Laws, Civil Code Interpretation
Source Language
English
Property Law Lease Rescission Damages Obligations of Lessor Municipal by Laws Civil Code Interpretation

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Parties

Socrates Athanasiou and Other Appellants

Appellants

Palmina Puliafito Company Limited and Other Respondents

Respondents

Procedural Posture

Civil Appeal to Supreme Court of Canada / On Appeal From Court of Queen's Bench, Appeal Side, Province of Quebec; Final Judgment

Legal Issues

  1. 1 Whether landlord was obliged to provide washroom and toilet facilities required by municipal by-laws
  2. 2 Whether failure to provide required facilities entitled lessee to rescind lease under Civil Code art. 1641(2)
  3. 3 Whether obligation to obtain or comply with municipal permit requirements rested on lessor or lessee

Ratio Decidendi

Because the premises were leased specifically as a theatre and lacked by-law‑required sanitary facilities which the lessor was obliged to provide, the lessor's failure was a breach of a principal obligation making the thing unfit for its intended use and entitled the lessee to rescind the lease under art. 1641(2) of the Civil Code.

Court Disposition

Appeals dismissed with costs.

Orders

  • Appeals dismissed with costs.
  • Lease rescinded (cancellation) in favour of respondents due to lessor's failure to provide by-law required facilities.