Canada Case Law

2501306 Ontario Inc. v. Country Garden Academy Inc.

Court

Court of Appeal for Ontario

The application judge lawfully and reasonably evaluated competing expert evidence and property-specific factors (including zoning and permitted uses), appropriately adjusted comparables, and his factual findings did not disclose legal error or a palpable and overriding error; therefore the determination of $18 per square foot for the renewal term stands and the appeal is dismissed.

Source excerpt

• Market rent determination
• Lease renewal
• Comparable premises
• Expert evidence
• Costs award

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Keneric Tractor Sales Ltd. v. Langille

Court

Supreme Court of Canada

The Supreme Court of Canada held that damages for breach of a chattel lease are governed by general contract principles, subject to remoteness and mitigation.

• Assessment of damages
• Mitigation
• Foreseeability
• Repudiation
• Conditional sales
• Damages

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Wotherspoon v. Canadian Pacific Ltd.

Court

Supreme Court of Canada

The Supreme Court held that Canadian Pacific could sell surplus O&Q railway lands under the 1884 lease and the 1891 statute, and that the Marathon transaction and abandonments were valid.

• Perpetual leases
• Power of sale of surplus lands
• Debenture stock
• Floating charge vs fixed charge
• Statutory sale under s.2 of the canadian pacific railway act 1891
• Shareholder meeting notice

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Madill v. Sommer Building Corpn.

Court

Supreme Court of Canada

The Supreme Court of Canada held that a lease exclusion clause barred liability for radiator steam damage to a tenant’s stored furs, and dismissed the appeal.

• Exclusion of liability clause
• Act of the thing (responsibility for thing under one's care)
• Agency and independent contractor liability
• Interpretation of lease
• Subrogation
• Lease

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Ross Southward Tire v. Pyrotech Products

Court

Supreme Court of Canada

The Supreme Court of Canada held that a lease requiring the tenant to pay insurance rates shifted fire-loss risk to the landlord, defeating the insurer’s subrogated claim.

• Fire insurance
• Tenant negligence
• Subrogation by insurer
• Covenant to pay insurance premiums
• Allocation of risk under commercial lease
• Commercial-lease

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Stroll's Inc. v. The Queen

Court

Supreme Court of Canada

The Supreme Court of Canada dismissed an appeal in a lease dispute, upholding rent awards after fire damage was found slight and the premises still usable.

• Resiliation of lease
• Habitability
• Rent recovery
• Appellate review of facts
• Lease
• Rent-recovery

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Cyclorama de Jérusalem Inc. v. La Congrégation du Très Saint Rédempteur

Court

Supreme Court of Canada

La Cour suprême du Canada conclut que l’avis de non-renouvellement du bail était invalide, faute d’autorisation et de signature conformes, et rejette l’expulsion.

• Notice of termination
• Renewal
• Authority to give notice
• Condition precedent
• Lease
• Notice-of-termination

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Gosse-Millerd Ltd. v. Devine

Court

Supreme Court of Canada

The Supreme Court of Canada ordered a new trial in a lease and deceit case, holding that a general jury verdict may have rested on unsupported claims and that deceit damages are limited to direct loss.

• Misrepresentation
• Deceit
• Repudiation vs affirmation
• Measure of damages
• Loss of profits
• Jury directions

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Gauthier v. Jacobs

Court

Supreme Court of Canada

The Supreme Court of Canada held that fire damage did not make occupation reasonably impossible, so the lease continued and the owner had to repair.

• Landlord and tenant
• Repairs due to fire
• Termination of lease
• Interpretation of art. 1660 c.c.
• Lease
• Landlord-tenant

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The Galibert Glove Works Ltd. v. Sharpe

Court

Supreme Court of Canada

The Supreme Court of Canada held that a lessee who left after notices from purchasers could not recover damages from the lessor without judicial or physical eviction.

• Eviction
• Damages
• Lessor liability
• Peaceful enjoyment
• Registration of lease
• Lease

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