What is the legal test for making structural repairs under the Licensing Act?

Alberta, Canada


The following excerpt is from David Everett Holdings Ltd. v. Red Deer (City), 1974 ALTASCAD 90 (CanLII):

There are some English cases on the Licensing Acts, but the specific directives of those Acts make them inappropriate here. In Bickmore v. Dimmer (1903) 1 Ch. 158 the issue was between a landlord and his tenant as to whether the latter was in breach of a convenant in a lease that he would make no alterations to the demised premises. Vaughn Williams L.J. by interpretation restricted the operation of the covenant to structural alterations; and having held that, he went on to say that the “covenant relates to the expenditure of money in permanent alterations which affect the structure of the building”. This was sufficient for the judgment in the case, but does not take us very far along the road. Nor do the cases dealing with structural repairs lend much assistance.

Other Questions


Does a person who makes a false statement have to make good the damage caused by the false statement? (Alberta, Canada)
Does the fact that a landlord has reserved the right to enter the premises to effect repairs, or to keep the premises in a state of repair, have any liability towards the tenant? (Alberta, Canada)
What is the legal test for dismissal of a senior manager who acts in a way that reveals aspects of character that make continued employment untenable? (Alberta, Canada)
Can a husband who has agreed to pay spousal support without the benefit of legal counsel argue that when he signed an agreement to pay support, when he did not have the legal counsel? (Alberta, Canada)
What is the legal basis for royalty derived from a lease of land held for the purpose of making bricks? (Alberta, Canada)
Is there a distinction between permanent structures which interfere with air space and transient invasions by aircraft? (Alberta, Canada)
What is the legal test for seeking declaratory relief under the Limitations Act? (Alberta, Canada)
Can a trustee in bankruptcy make use of provincial legislation in gathering in the assets of a bankrupt? (Alberta, Canada)
Can a returning officer on a Metis settlement consider their residence as a place for filing or making inquiries? (Alberta, Canada)
What legal authority supports a claim for damages for loss of housekeeping capacity? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.