Chinook Appliances Ltd. v. Wellington Square Holdings Ltd.
Court headnote
Chinook Appliances Ltd. v. Wellington Square Holdings Ltd. Collection Supreme Court Judgments Date 1977-05-11 Report [1977] 2 SCR 601 Judges Martland, Ronald; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; de Grandpré, Louis-Philippe On appeal from Alberta Subjects Lease Decision Content Supreme Court of Canada Chinook Appliances Ltd. v. Wellington Square Holdings Ltd., [1977] 2 S.C.R. 601 Date: 1977-05-11 Chinook Appliances Ltd. Appellant; and Wellington Square Holdings Ltd. Respondent. 1977: May 11. Present: Martland, Ritchie, Spence, Pigeon and de Grandpré JJ. ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION Landlord and tenant—Premises leased for laundry and dry cleaning business—Severe building vibrations experienced after commencement of business—Equipment properly installed—Unsuitable floor cause of vibrations—No breach by tenant—Landlord’s application for possession dismissed. APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division, allowing an appeal from a judgment of Kirby J., who dismissed an application by the respondent, as landlord, to evict the appellant. Appeal allowed. C.D. O’Brien, for the appellant. R.K. Laing, for the respondent. The judgment of the Court was delivered orally by MARTLAND J.—We are all in agreement with the reasons given by the trial judge. The appeal is allowed, the judgment of the Appellate Division, for which no reasons were given, is set aside and the judgment at trial is restore…
Read full judgment (source text)
Mirrored from decisions.scc-csc.ca — the linked original is authoritative.
Chinook Appliances Ltd. v. Wellington Square Holdings Ltd. Collection Supreme Court Judgments Date 1977-05-11 Report [1977] 2 SCR 601 Judges Martland, Ronald; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; de Grandpré, Louis-Philippe On appeal from Alberta Subjects Lease Decision Content Supreme Court of Canada Chinook Appliances Ltd. v. Wellington Square Holdings Ltd., [1977] 2 S.C.R. 601 Date: 1977-05-11 Chinook Appliances Ltd. Appellant; and Wellington Square Holdings Ltd. Respondent. 1977: May 11. Present: Martland, Ritchie, Spence, Pigeon and de Grandpré JJ. ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION Landlord and tenant—Premises leased for laundry and dry cleaning business—Severe building vibrations experienced after commencement of business—Equipment properly installed—Unsuitable floor cause of vibrations—No breach by tenant—Landlord’s application for possession dismissed. APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division, allowing an appeal from a judgment of Kirby J., who dismissed an application by the respondent, as landlord, to evict the appellant. Appeal allowed. C.D. O’Brien, for the appellant. R.K. Laing, for the respondent. The judgment of the Court was delivered orally by MARTLAND J.—We are all in agreement with the reasons given by the trial judge. The appeal is allowed, the judgment of the Appellate Division, for which no reasons were given, is set aside and the judgment at trial is restored. The appellant is entitled to costs in this Court and also to the costs of the appeal to the Appellate Division. Judgment accordingly. Solicitors for the appellant: Jones, Black & Co., Calgary. Solicitors for the respondent: Beaumont, Proctor, Calgary.
Source: decisions.scc-csc.ca