Dominion Square Corporation v. Aluminum Company of Canada

Dominion Square Corporation v. Aluminum Company of Canada

The clause phrase 'no such notice shall take effect prior to 1st November 1940' refers to the operative effect of termination; thus a notice may be given earlier but cannot have the effect of terminating the lease before 1 November 1940. The majority therefore affirmed the appellate court's construction in favor of the respondent and dismissed the appeal.

Citation
[1942] SCR 73
Parties
Plaintiff/appellant: Dominion Square Corporation; Defendant/respondent: Aluminum Company of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 March 1942
Procedural Posture
Civil Appeal Lease (contract) / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed; judgment of the Court of King's Bench (appeal side) affirmed
Legal Topics
Lease Termination, Notice to Terminate, Contractual Interpretation
Source Language
English
Property Law Contract Law Commercial Law Lease Termination Notice to Terminate Contractual Interpretation

Case Brief

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Parties

Dominion Square Corporation

Plaintiff/appellant

Aluminum Company of Canada

Defendant/respondent

Procedural Posture

Civil Appeal Lease (contract) / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Meaning of the phrase 'no such notice shall take effect prior to the 1st day of November, 1940' in the lease clause
  2. 2 Whether notice could be given prior to 1 November 1940 and at what date the lease could be terminated
  3. 3 Proper method of construing ambiguous or potentially redundant contract language

Ratio Decidendi

The clause phrase 'no such notice shall take effect prior to 1st November 1940' refers to the operative effect of termination; thus a notice may be given earlier but cannot have the effect of terminating the lease before 1 November 1940. The majority therefore affirmed the appellate court's construction in favor of the respondent and dismissed the appeal.

Court Disposition

Appeal dismissed; judgment of the Court of King's Bench (appeal side) affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of Court of King's Bench, appeal side, affirmed