What is the difference between the terms “ought to” in the continuation provisos in the Durish Lease?
Alberta, Canada
The following excerpt is from Freyberg v. Fletcher Challenge Oil and Gas Inc., 2005 ABCA 46 (CanLII):
The respondents also seek to distinguish both Strohschein and Wolff v. Consumers’ Gas Co., [1995] O.J. No. 4004 (Ct. Just.) on the basis that both cases involve the interpretation of leases which include the requirement that the lessee “ought to” perform the lease. Clause 18 of the Lease does not contain a similar term. The respondents also state that the clause in Durish is “substantially identical” to that in Wolff and is therefore also distinguishable. I find that such distinctions are untenable. Not only do continuation provisos only contain positive obligations but the use of the words “ought to” is surplus as all parties ought to fulfill a contract.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In which a new lease has been substituted for a existing lease, can the landlord continue to distrain under the original lease? (Alberta, Canada)
Does a term in the lease stating that a breach by the tenant is determined upon any breach of the lease constitute a proviso for re-entry? (Alberta, Canada)
Does the term "by the lessee" in a Leased Offshore Leased Agreement apply to drilling operations on the lease? (Alberta, Canada)
Can a member of a resort club lease a 30-45-60-year lease to a residential unit at a resort resort club where the lease terms are 3 years? (Alberta, Canada)
Can a lease holder be ejected from a commercial lease because the lease is not secured by the lessor, but by the assignee of a mortgage? (Alberta, Canada)
Does the term “by the lessee” in an oil and gas lease extend the lease? (Alberta, Canada)
Is there any difference between a landlord and a purchaser of a lease where the lease is registered as an actual notice rather than a bill of sale? (Alberta, Canada)
Can a party who dictates different terms for a contract already formed be considered to be refusing to perform the contract as written? (Alberta, Canada)
Does the term 'public interest' in s.1(1) of the Charter apply to a party's use of the term "public interest"? (Alberta, Canada)
In what circumstances will a company be able to continue to operate under different names? (Alberta, Canada)
