Highway Properties Ltd v Kelly, Douglas and Co: 1 Feb 1971

(Supreme Court of Canada) Landlord and tenant – Repudiation by tenant of lease of certain premises and its consequent abandonment of said premises – Possession taken by landlord with contemporaneous assertion of right to full damages according to loss calculable over unexpired term of lease – Remedies of landlord – Measure and range of damages.
Laskin J said: ‘It is no longer sensible to pretend that a commercial lease, such as the one before the court, is simply a conveyance and not also a contract. It is equally untenable to persist in denying resort to the full armoury of remedies ordinarily available to redress repudiation of covenants, merely because the covenants may be associated with an interest in land.’
Martland, Judson, Ritchie, Spence and Laskin JJ
[1971] SCR 562, [1971] 17 DLR (3d) 710
SCC
Canada
Cited by:
CitedReichman and Another v Beveridge CA 13-Dec-2006
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking . .

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Updated: 21 May 2021; Ref: scu.396615