Canada Safeway Ltd. and Oshawa Holdings Ltd. v. Triangle Acceptance Ltd., (1980) 5 Man.R.(2d) 22 (CoCt)

CourtProvincial Court of Manitoba (Canada)
Case DateJanuary 03, 1980
JurisdictionManitoba
Citations(1980), 5 Man.R.(2d) 22 (CoCt)

Can. Safeway Ltd. v. Triangle Acceptance (1980), 5 Man.R.(2d) 22 (CoCt)

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 County Court

Philp, C.C.C.J.

January 3, 1980.

Summary:

This headnote contains no summary.

Landlord and Tenant - Topic 5606

Subleases - Granting of subleases - Consent of landlord - Unreasonable withholding - What constitutes - Safeway leased premises in a shopping centre for use as a food supermarket - After operating on the premises for several years Safeway moved to new premises elsewhere and wished to sublet the premises to IGA, also for use as a food supermarket - The landlord refused to consent to the sublease on the ground that IGA would attract a smaller volume of shoppers than Safeway, which would in turn result in a smaller volume of shoppers for the shopping center - Under the lease the landlord could not unreasonably withhold its consent - The Manitoba County Court held that the volume of shoppers was irrelevant to the consideration of whether the landlord's consent was unreasonably withheld - The court dismissed the landlord's motion under Queen's Bench Rule 197 for an order that there be a hearing of Safeway's application for an order that the consent was unreasonably withheld.

Cases Noticed:

Houlder Bros. & Co. v. Gibbs, [1925] Ch. 575, consd. [para. 9].

Tredegar v. Harwood, [1929] A.C. 72, consd. [para. 9].

Bickel v. Duke of Westminster, [1976] 3 All E.R. 801, consd. [para. 9].

Premier Confectionery (London) Co. Ltd. v. London Commercial Sale Rooms Ltd., [1933] 1 Ch. 904, consd. [para. 13].

In Re Town Investments Ltd. Underlease: McLaughlin v. Town Investments Ltd., [1945] 1 Ch. 301, consd. [para. 14].

Wilson v. Fynn, [1948] 2 All E.R. 40, consd. [para. 15].

Bates v. Donaldson, [1896] 2 Q.B. 241, appld. [para. 21].

Statutes Noticed:

Landlord and Tenant Act, R.S.M. 1970, c. L-70, sect. 22(2).

Authors and Works Noticed:

Consent to Assignment of Leases: Reason and Unreason, [1977] Journal of Planning and Environmental Law, p. 8 [para. 13].

Scott, C.F., The Lease in Modern Business, [1965] Law Society of Upper Canada Special Lectures, pp. 103 - 104 [para. 16].

Counsel:

R.J. Hansell, for Canada Safeway Ltd.;

J.F.R. Taylor, for Oshawa Holdings Ltd.;

P. Walsh, for Triangle Acceptance Ltd.

This case was heard at Winnipeg, Manitoba, before PHILP, C.C.C.J., of the Manitoba County Court, who delivered the following judgment on January 3, 1980:

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