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The court held there was a bona fide triable issue about lease renewal and set the entire matter down for trial, staying the respondents’ competing application.
The court allowed the appeal from a dismissal for want of prosecution, holding that although delay was inordinate and inexcusable, prejudice was not proved.
The Court of Appeal considered whether an implied easement arose over a former lane and parking area. The majority allowed the appeal in part and declared a lane easement.
The Supreme Court of Canada held that leases with options to purchase at fair market value fell within Nova Scotia’s Conditional Sales Act and had to be registered.
The Supreme Court of Canada held that compensation under the lease covered piling and filling used as foundations for buildings existing at lease expiry, but not works intended for future buildings.
The Supreme Court of Canada held that a lessor’s consent to a mortgage assignment included the ordinary incidents of the mortgage, including release of the debt and reconveyance.
The Supreme Court of Canada held that a mortgage of leasehold premises conveyed the whole lease term as an assignment, not a sub-lease, and allowed the appeal.
The Supreme Court of Canada held that a life lease marked “renewable forever” gave a perpetual right of renewal, but further renewals were forfeited for non-compliance.
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