The judge pointed out that the landlords contended that, because the improvements became their property on affixation, they do not have to wait until reversion to acquire a proprietary interest and, on renewal, the rent should be calculated taking into account those improvements which are, by the terms of the lease, the property of the landlord. But he said he was not persuaded by the argument, observing that the effect of calculating the rent on the basis for which the landlords contended would have the effect of making the tenant pay interest upon its own expenditure, citing VanBrocklin v. Town of Brantford (1861), 20 U.C.Q.B. 347, being authority cited in the judgment of the Chief Justice in the first Lynnwood appeal where an observation to that effect was made.
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