Is sub-letting a building in breach of a lease a continuing breach of the lease?

British Columbia, Canada


The following excerpt is from Coast Hotels Ltd. v. 389079 B.C. Ltd., 1998 CanLII 6806 (BC SC):

In Walrond v. Hawkins (1875), L.R. 10 C.P. 342, it was held that a sub-letting in breach of a lease was not a continuing breach because the lessee, by his agreement with the under-tenant, had precluded himself from interfering with the under-tenant's occupation.

Other Questions


Does a lessor have a right to cancel a lease if the lease is terminated because the lease has been breached? (British Columbia, Canada)
Can a building inspector be found in breach of a zoning bylaw to allow for the construction of habitable rooms in a crawl space in contravention of the Building Code? (British Columbia, Canada)
Can a landlord refuse to renew a lease because of a subsequent breach of the lease agreement? (British Columbia, Canada)
Can the City of Vancouver apply for an injunction to prevent the owner of the Art Gallery from using the building from entering the building's grounds without the permission of the Court of Appeal? (British Columbia, Canada)
Can a conditional sentence continue to run notwithstanding a breach of section 742.6(a) of the Criminal Code? (British Columbia, Canada)
What is the test for damages for a plaintiff who was forced to continue paying for a car lease? (British Columbia, Canada)
What is the difference between a landlord and tenant when it comes to a breach of a lease for the conversion of a house into a shop? (British Columbia, Canada)
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
What is the test for a breach of the covenant to repair clause in a commercial lease? (British Columbia, Canada)
Can a landlord's expressed assent to a new lease constitute a surrender of the previous lease? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.