How have the courts interpreted the qualification clause in a commercial lease agreement?

British Columbia, Canada


The following excerpt is from Cudmore v. Petro Can. Inc., 1986 CanLII 1030 (BC SC):

Subsequently, in the case of Treloar v. Bigge (1874), L.R. 9 Exch. 151, the qualification appeared not as a deemed proviso but as an express part of the lease. The end result was the same. At pp. 154-55 the court said: Now the rule of law, no doubt, is that any words in a deed which impose an obligation upon another amount to a covenant by him; but the words must be so used as to shew an intention that there should be an agreement between covenantor and convenantee to do or not to do a particular thing. I cannot find any such intention here. The words, taken grammatically, do not seem to me to amount to an undertaking by the lessor, but are a part of the same sentence as that containing the lessee’s covenant, and qualify its generality. They prevent that covenant operating in any case of arbitrary refusal on the part of the lessor, that is, in any case where, without fair, solid, and substantial cause, and without reason given, the lessor refuses his assent.

Other Questions


How have the courts interpreted the terms of a lease agreement in the context of a commercial lease? (British Columbia, Canada)
How have courts interpreted the interpretation of a "deposit clause" in standard form contracts? (British Columbia, Canada)
How have the courts interpreted an acceleration clause in a credit agreement? (British Columbia, Canada)
How have the courts interpreted an agreement where the parties entered into an agreement that released or some way affected the claimant's right to seek spousal support? (British Columbia, Canada)
Does the entire agreement clause in the Lease precludes any cause of action based on a collateral promise or agreement? (British Columbia, Canada)
What is the proper interpretation of the subject clause in an agreement to lease? (British Columbia, Canada)
How have the courts interpreted a lease agreement in the context of renovations? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
How have the courts interpreted the opening words of clause 3(a) in a will? (British Columbia, Canada)
Is a court without jurisdiction to entertain the action because the essential character of the dispute arises from the interpretation, application, administration or violation of a collective agreement? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.