Does deeming legislation apply to all leases containing covenants?
Saskatchewan, Canada
The following excerpt is from Pearce v. Hubic Estate, 1992 CanLII 7985 (SK QB):
In West v. Gwynne, [1911] 2 Ch. 1, an amendment to the Conveyancing and Law of Property Act, 1892 applied a deeming provision to all leases containing covenants. The court held that "leases containing covenants" was a description by characteristic (being) and therefore the legislation was applicable regardless of the date the lease was entered into.
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