Kelly Douglas & Company Limited v. Mutual Leaseholds Limited

Kelly Douglas & Company Limited v. Mutual Leaseholds Limited

The appellant failed to prove the existence of a prior concluded agreement in the terms alleged and there was no basis to disturb the concurrent findings of fact of the lower courts; therefore rectification was not ordered and the appeal was dismissed.

Citation
[1969] SCR 952
Parties
Defendant Appellant: Kelly Douglas & Company Limited; Plaintiff Respondent: Mutual Leaseholds Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
14 February 1969
Procedural Posture
Contract Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs.
Legal Topics
Lease, Rectification, Rent, Contract Interpretation
Source Language
English
Contract Lease Rectification Rent Contract Interpretation

Case Brief

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Parties

Kelly Douglas & Company Limited

Defendant Appellant

Mutual Leaseholds Limited

Plaintiff Respondent

Procedural Posture

Contract Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether the written lease should be rectified to reflect a prior agreement
  2. 2 Whether taxes and insurance premiums were to be deducted from the percentage of gross sales rather than from gross sales before calculating the percentage
  3. 3 Whether the appellant proved a prior concluded agreement entitling rectification

Ratio Decidendi

The appellant failed to prove the existence of a prior concluded agreement in the terms alleged and there was no basis to disturb the concurrent findings of fact of the lower courts; therefore rectification was not ordered and the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.