Adamson v. Rogers

Adamson v. Rogers

The lease covenants treat the demised land and any 'buildings and erections' on it as distinct; crib-work and earth-filling that convert water into dry land are part of the ground owned by the lessor (or outside the sub-lease) and therefore are not 'buildings and erections' payable for under the lease proviso;...

Source-derived case information.

Citation
(1896) 26 SCR 159
Parties
Plaintiff/appellant: Joseph Adamson (Administrator); Defendant/respondent: Elias Rogers
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 March 1896
Procedural Posture
Appeal / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada; Final Hearing and Judgment
Outcome
Appeal dismissed with costs; judgment of the County Court restored and Court of Appeal decision set aside.
Legal Topics
Lease Interpretation, Compensation for Improvements, Fixtures Vs Land, Water Lots, Esplanade Construction
Source Language
english
Property Law Landlord and Tenant Real Property Contract Law Lease Interpretation Compensation for Improvements Fixtures Vs Land Water Lots +1 more

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Parties

Joseph Adamson (Administrator)

Plaintiff/appellant

Elias Rogers

Defendant/respondent

Procedural Posture

Appeal / On Appeal From the Court of Appeal for Ontario to the Supreme Court of Canada; Final Hearing and Judgment

Legal Issues

  1. 1 Whether crib-work and earth-filling of a water lot constitute 'buildings and erections' under the lease proviso
  2. 2 Whether the sub-lease of 26 October 1874 included the land lying south of water lot I granted by the 1840 letters patent
  3. 3 Whether lessor/assignee is liable to pay for improvements made by lessee where such works may form part of the ground rather than erections

Ratio Decidendi

The lease covenants treat the demised land and any 'buildings and erections' on it as distinct; crib-work and earth-filling that convert water into dry land are part of the ground owned by the lessor (or outside the sub-lease) and therefore are not 'buildings and erections' payable for under the lease proviso; furthermore the 1874 sub-lease did not extend to the land granted to the city in 1840 south of lot I.

Court Disposition

Appeal dismissed with costs; judgment of the County Court restored and Court of Appeal decision set aside.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Appeal for Ontario set aside and County Court judgment restored.