Canada Case Law

Bennett Law Chambers Professional Corporation v. Camcentre Holdings Inc.

Court

Court of Appeal for Ontario

Majority: The Notice of Termination under clause 15.05 was ineffective because by its terms the landlord had to have obtained all requisite permits and authorizations for commencement of demolition by the end of the six‑month notice period; asbestos abatement was not the 'commencement of demolition' for the clause and a demolition permit could at least conditionally have been obtained, so the landlord failed the clause and the lease continued; appeal dismissed with costs to tenant $15,000.

Source excerpt

• Lease termination
• Demolition clause
• Notice to terminate
• Waiver
• Permit requirements
• Asbestos abatement

Read case analysis

Grace v. Leverman

Court

Nova Scotia Small Claims Court

Because the rented unit was occupied without an issued occupancy permit and had outstanding safety/completion defects, the lease was illegal and void; the Tenant could terminate without notice and recover all monies paid (rent, security deposit and related costs); the Landlord could not retain rents or claim unpaid rent under an illegal lease.

Source excerpt

• Occupancy permit
• Illegal/void lease
• Rent refund
• Quiet enjoyment
• Building code compliance
• Tenant remedies

Read case analysis

Ahmed v. Alam

Court

Supreme Court of British Columbia

The court granted interim relief from forfeiture in a commercial lease dispute, allowing the tenant to re-enter the premises subject to payment and documentation conditions.

• Relief from forfeiture
• Waiver
• Estoppel
• Damages
• Interim relief
• Re‑entry

Read case analysis

University of Victoria v. Gerd'son

Court

Supreme Court of British Columbia

The court dismissed the University of Victoria’s possession application, finding the 2007 tenancy agreement governed and that post-expiry rent payments created a month-to-month tenancy.

• Tenancy agreement
• Overholding
• Notice to terminate
• Parol evidence/misrepresentation
• Reasonable accommodation for disability
• Possession order

Read case analysis

652013 B.C. Ltd. v. Don Wotherspoon & Associates Ltd.

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal held that a 6 September 2000 letter was not notice of termination and the display rental agreement automatically renewed.

• Automatic renewal clause
• Notice to terminate
• Contract interpretation
• Summary trial (rule 18a)
• Option to purchase
• Contract-interpretation

Read case analysis

Brutus Holdings Ltd. v. Quesnel Pharmacy Ltd.

Court

Supreme Court of British Columbia

The court held the expired lease continued year to year, not month to month. The landlord’s one-month termination notice was ineffective, and fresh notice was required.

• Tenancy renewal
• Year-to-year tenancy
• Month-to-month tenancy
• Notice to terminate
• Overholding
• Assignment

Read case analysis

Fleetwood Investments Ltd. v. Ghavami

Court

British Columbia Court of Appeal

The Court of Appeal upheld termination of a lease after a property sale, finding the lease clause clear, parol evidence inadmissible, and the notice valid.

• Lease termination
• Notice to terminate
• Registration of land transfers
• Parol evidence rule
• Writ of possession
• Lease-termination

Read case analysis

Cape Breton Development Corporation v. D. Roper Services Ltd.

Court

Supreme Court of Nova Scotia

The court found both parties breached the contract: Roper Ltd. breached by failing to maintain sufficient operable equipment and Devco breached by failing to provide tonnages approximating the estimates incorporated into the tender/purchase order. Negligent misrepresentation was not established because there was insufficient evidence of negligence in preparing the tonnage estimates. Clause 10’s tonnage disclaimer did not absolve Devco where the variance was outside the ‘approximate’ range and exclusion could not be applied to the fundamental shortfall. Devco was awarded specified recoveries (…

Source excerpt

• Tender and purchase order
• Contract termination
• Fundamental breach
• Contra proferentum
• Expectation damages
• Extras and overpayment

Read case analysis

3P3W Holding Co. Ltd. v. Nguyen

Court

Court of Appeal for Ontario

The respondents failed to prove entitlement to possession because they were not parties to the new lease and they failed to discharge the onus of proving the landlord did not give the required notice terminating the month-to-month tenancy; consequently their overholding claim failed and the landlord, as an absent necessary party, could not have his rights adjudicated.

Source excerpt

• Possession
• Lease
• Sublease
• Overholding
• Month-to-month tenancy
• Notice to terminate

Read case analysis

Medalist Holdings Limited v. General Electric Capital Equipment Finance Inc.

Court

Court of Appeal for Ontario

The June 14, 1991 letter constituted a 'further written agreement' within the meaning of s.9.04 and therefore the trial judge erred in applying the overholding provision; the parties' arrangement created a yearly tenancy and the correct damages are those calculated on that basis, leading to an order for $139,175.78 plus pre-judgment interest.

Source excerpt

• Overholding
• Yearly tenancy
• Lease interpretation
• Damages
• Notice to terminate
• Written agreement (s.9.04)

Read case analysis