Modde v. Dominion Glass Co. Ltd. et al.

Modde v. Dominion Glass Co. Ltd. et al.

Because the assignee had paid the rental for the relevant year and that payment was accepted before the lessor's application, the statutory requirement of unpaid rentals under s.2(1)(a) was not satisfied; acceptance of the late payment operated as a waiver and under s.6 the judge properly dismissed the application, and the County Court had only the statutory jurisdiction conferred by the Act.

Citation
[1967] SCR 567
Parties
Lessor / Appellant: George Modde; Lessee / Respondent: Dominion Glass Company Limited; Assignee / Respondent: Ralph W. Taylor, Jr.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1967
Procedural Posture
Appeal From Court of Appeal for Ontario / Final Appeal to Supreme Court of Canada
Outcome
Appeal dismissed
Legal Topics
Lease Termination, Delay Rentals, Waiver of Default, Statutory Jurisdiction, Relief Against Forfeiture
Source Language
English
Mines and Minerals Oil and Gas Law Property Law Statutory Interpretation Lease Termination Delay Rentals Waiver of Default Statutory Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

George Modde

Lessor / Appellant

Dominion Glass Company Limited

Lessee / Respondent

Ralph W. Taylor, Jr.

Assignee / Respondent

Procedural Posture

Appeal From Court of Appeal for Ontario / Final Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether failure to pay delay rental constituted a statutory default at time of application
  2. 2 Whether acceptance of late rental payment constitutes waiver of default and prevents declaration voiding lease
  3. 3 Whether County Court Judge had jurisdiction limited to statutory grounds under The Gas and Oil Leases Act and County Courts Act

Ratio Decidendi

Because the assignee had paid the rental for the relevant year and that payment was accepted before the lessor's application, the statutory requirement of unpaid rentals under s.2(1)(a) was not satisfied; acceptance of the late payment operated as a waiver and under s.6 the judge properly dismissed the application, and the County Court had only the statutory jurisdiction conferred by the Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs