What is the test for permissive waste in the context of fire protection legislation?

Saskatchewan, Canada

The following excerpt is from Cherry v. Smith, 1933 CanLII 257 (SK QB):

In Wolfe v. McGuire (1896) 28 O.R. 45, it is stated at p. 49 that: “An accidental fire, without negligence, is permissive, not voluntary waste.” While the facts in that particular instance may have supported a finding of permissive waste it appears to me that the principle is not correctly stated, because, if a fire is purely accidental, it is not waste at all, in the legal sense of the term. Thus a fire might spread from an adjoining building to the demised premises without any fault of the lessee. It could hardly be contended in such case •that the destruction of the demised premises was an act of permissive waste on the part of the tenant. On the other hand, if the spreading of the fire was due to the failure of the lessee to repair, or possibly to close a fire door between the two buildings, which door was under his control, then it might very well be construed as an act of permissive waste, since the spreading of the fire would in such a case be attributable to his omission to perform an act for the preservation of the property which he ought to have performed.

Other Questions

What is the impact of the misconduct of the wife in the context of a child protection case? (Saskatchewan, Canada)
How has the Court of Appeal considered the issue of changed social conditions in the context of social security legislation? (Saskatchewan, Canada)
What is the test for unusual danger in the context of food safety legislation? (Saskatchewan, Canada)
What is the test for claiming unjust enrichment in the context of a claim made by Alice against her former partner in her name? (Saskatchewan, Canada)
Is a search warrant granted in a regulatory context sufficient to satisfy the reasonableness inquiry? (Saskatchewan, Canada)
Can a police constable with more than 18 months of service be denied any procedural protections? (Saskatchewan, Canada)
How have the courts interpreted a surrender statement in the context of a commercial lease? (Saskatchewan, Canada)
What is the test for discrimination in the context of equality before the law? (Saskatchewan, Canada)
What is the test of instrumentality in the context of a claim for instrumentality? (Saskatchewan, Canada)
What is the test for determining whether there was connivance between the parties in the context of the definition of a party to a marriage contract? (Saskatchewan, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.