The Canadian Pacific Railway Company v The King: PC 19 Feb 1931

(Canada) ‘Whether any and what restrictions exist on the power of a licensor to determine a revocable licence must, there Lordships think, depend upon the circumstances of each case.’
A licencee whose licence is revocable is entitled to reasonable notice of revocation. Lord Russell of Killowen said: ‘when the exercise of the rights conferred by the licence involves nothing beyond, there can be no reason to urge against the existence of a power to determine the licence brevi manu at the will of the licensor. But the exercise of the rights may have involved the licensee in obligations in other directions which the determination of the licence would disable him from fulfilling unless the licence were determined after a notice sufficient in point of time for the making of substituted arrangements. In such circumstances the licensee would in their Lordships’ opinion be entitled to breathing space sufficient for the purpose’.

Judges:

Lord Russell of Killowen

Citations:

[1931] UKPC 18, [1931] AC 414

Links:

Bailii

Jurisdiction:

Canada

Cited by:

ApprovedMinister of Health v Bellotti CA 1944
298 blocks of flats had been requisitioned to provide accommodation for persons evacuated from Gibraltar during the war. The evacuees occupied the various flats as licensees. They were given only one week’s notice terminating their licences.
CitedWhite v Blackmore CA 15-Jun-1972
The plaintiff attended a jalopy car race and was injured. It was a condition of his entry that he agreed that motor racing was dangerous and that he would not hold the organisers or others responsible if injured. He was injured when a safety rope, . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 November 2022; Ref: scu.421646