Canada Safeway Ltd. and Oshawa Holdings Ltd. v. Triangle Acceptance Ltd., (1980) 19 Man.R.(2d) 292 (CA)

• Judge: Hall, Matas and O'Sullivan, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 23, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 19 Man.R.(2d) 292 (CA)

Can. Safeway Ltd. v. Triangle Acceptance (1980), 19 Man.R.(2d) 292 (CA)

MLB headnote and full text

Canada Safeway Ltd. and Oshawa Holdings Ltd. v. Triangle Acceptance Ltd.

Indexed As: Canada Safeway Ltd. and Oshawa Holdings Ltd. v. Triangle Acceptance Ltd.

Manitoba Court of Appeal

Hall, Matas and O'Sullivan, JJ.A.

May 23, 1980.

Summary:

A tenant and a prospective subtenant applied for an order that the consent of the landlord to the sublease was unreasonably withheld. The landlord moved for an order that there be a hearing of the matter.

The Manitoba County Court in a judgment reported [1980] 3 W.W.R. 352; 5 Man.R.(2d) 22, dismissed the landlord's motion. The landlord appealed.

The Manitoba Court of Appeal dismissed the appeal.

Landlord and Tenant - Topic 5606

Subleases - Granting of - Consent of landlord - Unreasonable withholding - What constitutes - Safeway moved out of leased supermarket premises and proposed to sublet the premises to I.G.A. for use as a supermarket - The landlord refused consent to the sublease on the grounds that I.G.A. would attract fewer shoppers to the detriment of the shopping centre - The Manitoba Court of Appeal affirmed that, where the store was empty, the volume of shoppers was irrelevant to the consideration of whether the landlord's consent was unreasonably withheld.

Counsel:

P.V. Walsh, for the respondent/appellant;

R.J. Hansell & D. Jones, for the applicant/respondent;

J.F.R. Taylor, Q.C., for the applicant/respondent, Oshawa Holdings Ltd.

This case was heard on April 29, 1980 at Winnipeg, Manitoba before HALL, MATAS and O'SULLIVAN, JJ.A., of the Manitoba Court of Appeal.

On May 23, 1980, O'SULLIVAN, J.A., delivered the following judgment for the Court of Appeal: