The Galibert Glove Works Ltd. v. Sharpe

The Galibert Glove Works Ltd. v. Sharpe

A lessee who vacates premises solely because of notices or threats from purchasers is not entitled to damages from the lessor unless there has been judicial eviction (condemnation) or a physical act of eviction; a lessor who promptly institutes proceedings to correct the defect is not liable for damages caused by purchasers' threats.

Citation
(1922) 64 SCR 65
Parties
Appellant / Lessee / Plaintiff: The Galibert Glove Works Limited; Respondent / Lessor / Defendant: C. A. Sharpe
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1922
Procedural Posture
Appeal / On Appeal From the Court of King's Bench, Province of Quebec to the Supreme Court of Canada; Judgment Rendered by Supreme Court
Outcome
Appeal dismissed with costs.
Legal Topics
Eviction, Damages, Lessor Liability, Peaceful Enjoyment, Registration of Lease
Source Language
English
Lease Property Law Civil Procedure Contract/obligations Eviction Damages Lessor Liability Peaceful Enjoyment +1 more

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Parties

The Galibert Glove Works Limited

Appellant / Lessee / Plaintiff

C. A. Sharpe

Respondent / Lessor / Defendant

Procedural Posture

Appeal / On Appeal From the Court of King's Bench, Province of Quebec to the Supreme Court of Canada; Judgment Rendered by Supreme Court

Legal Issues

  1. 1 Whether a lessee who vacates premises upon notices from purchasers is entitled to damages from the lessor absent judicial eviction or a physical act of eviction
  2. 2 Whether the mere threat or notice of eviction by purchasers triggers lessor liability under article 1618 C.C.
  3. 3 Whether the lessor's prompt institution of proceedings to correct a defective deed relieves him of liability

Ratio Decidendi

A lessee who vacates premises solely because of notices or threats from purchasers is not entitled to damages from the lessor unless there has been judicial eviction (condemnation) or a physical act of eviction; a lessor who promptly institutes proceedings to correct the defect is not liable for damages caused by purchasers' threats.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs