What is the test for a year to year lease?
Saskatchewan, Canada
The following excerpt is from Japp Farms Ltd v Kozicki Farms Ltd, 2012 SKQB 191 (CanLII):
A good starting point is the case of Opseth v. Getz et al. 2004 SKCA 70, 249 Sask. R. 151. Justice Vancise heard an appeal that centered around whether there had been a year to year lease of farm land. The chambers judge had decided that there had been a year to year lease. Vancise J.A. after canvassing the law disagreed and held that there had not been a year to year lease. He stated at para. 15:
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