What is the legal test for surrender?
Saskatchewan, Canada
The following excerpt is from Jerol Investments Ltd. v. Deaco Holdings Ltd., 1983 CanLII 2182 (SK QB):
Counsel cited Machula v. Tramer, 1971 CanLII 757 (SK QB), [1972] 1 W.W.R. 550, where surrender was held to have arisen because the landlord, by his conduct, demonstrated that he considered the lease to be at an end. In that case however, there was a whole course of conduct which gave rise to the obvious conclusion that surrender had occurred as well as a significant lapse of time before the landlord asserted a claim under the lease in issue. The decision has no application here.
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