What is the test for a landlord who, as a result of its actions, has been found to have both forfeiture and distraint on a tenant's premises?

British Columbia, Canada


The following excerpt is from PG Low Cost Towing v Insight Progressive Holdings Ltd., 2017 BCSC 1969 (CanLII):

As was the case in Country Kitchen Limited v. Wabush Enterprises Limited, [1981] N.J. No. 3, the landlord by its actions: ... attempted "to have his cake and eat it, too", i.e. to enjoy the fruits of both forfeiture and distraint at the same time or at least whichever one suited its purpose. While, from a practical point of view, it is understandable that the landlord wished to protect its position as best it could, this, under the common law at least, it was not entitled to do so.

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