How have the courts interpreted the doctrine of "abandoning possession" in a commercial lease agreement?

Alberta, Canada


The following excerpt is from Nilsson v. Romaniuk, 1984 CanLII 1339 (AB QB):

White, J., in Whittaker v. Goggin (1909), 39 N.B.R. 403, stated as follows: "We must therefore take it that the time the defendant committed the alleged trespasses layed in the fourth count the plaintiff had abandoned the possession. It follows that if, when the defendant entered, he took permanent possession, intending thereby to terminate the lease, that would effect a surrender of the term in law, because there would then be a common intention of both parties to put an end to the term, consummated by the actual entry and resumption of possession by the landlord."

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