Is a tenant entitled to a lease cancellation payment in which the tenant is the recipient, not the payor?
Canada (Federal), Canada
The following excerpt is from Bueti v. The Queen, 2006 TCC 320 (CanLII):
The Appellants raise a number of cases of lease cancellation payments in which the tenant was the recipient, not the payor. The question in these cases was, as suggested by Justice Reed in Westfair Foods Limited v. The Queen:[2] "Whether the amount is being paid as a replacement for the loss of a capital asset or as the replacement for income."
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