101108792 Saskatchewan Ltd. v. Stone, (2007) 306 Sask.R. 303 (QB)

• Judge: Maher, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 18, 2007
• Jurisdiction: Saskatchewan
• Citations: (2007), 306 Sask.R. 303 (QB);2007 SKQB 469

101108792 Sask. v. Stone (2007), 306 Sask.R. 303 (QB)

MLB headnote and full text

Temp. Cite: [2008] Sask.R. TBEd. JA.050

101108792 Saskatchewan Ltd. (petitioner) v. Lyndon Stone and Shelly Lisa Stone (respondents)

(2007 Q.B. No. 422; 2007 SKQB 469)

Indexed As: 101108792 Saskatchewan Ltd. v. Stone

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Maher, J.

December 18, 2007.

Summary:

The petitioner applied for an order that the respondents unreasonably withheld their consent to assignment of a lease, pursuant to s. 13 of the Landlord and Tenant Act.

The Saskatchewan Court of Queen's Bench approved the assignment and ordered that the consent of the respondents be dispensed with, with costs.

Landlord and Tenant - Topic 5007

Assignment of lease - General principles - Landlord's consent - Whether reasonably withheld - The petitioners were assigned the original lessee's interest in the remaining term of a lease and requested the respondents to consent - The respondents refused on the grounds that the original lessee allegedly breached conditions of the lease - There was no evidence that the respondents notified the original lessee of the alleged breaches - The lease allowed the original lessee to use the lands as a sewage lagoon serving an adjacent trailer park - The petitioner proposed to use the lands for the same purpose - The assignment would have no economic impact on the respondents - The Saskatchewan Court of Queen's Bench held that the respondents' consent was unreasonably withheld - See paragraphs 5 to 9.

Cases Noticed:

Windsor Apothecary Ltd. v. Wolfe Group Holdings Ltd. (1996), 140 Sask.R. 233 (Q.B.), dist. [para. 6].

Jerol Investments Ltd. v. Deaco Holdings Ltd. (1983), 28 Sask.R. 137 (Q.B.), refd to. [para. 4].

Murray v. Saskatchewan (1987), 55 Sask.R. 193 (C.A.), refd to. [para. 7].

Statutes Noticed:

Landlord and Tenant Act, R.S.S. 1978, c. L-6, sect. 13 [para. 1].

Counsel:

T. Klassen, for the petitioner;

B. Wilcox, for the respondents.

This application was heard before Maher, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following judgment on December 18, 2007.