In which a new lease has been substituted for a existing lease, can the landlord continue to distrain under the original lease?
Alberta, Canada
The following excerpt is from Manufacturers Life Insurance Company v. Bullwinkle's General Stores Ltd., 1983 CanLII 1052 (AB QB):
Crystall v. Olsen, supra, was also a case in which a new lease had been substituted for an existing one. The court followed Bruce v. Smith and held that the landlord had no further right to distrain under the original lease after a new lease had been entered into.
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