Cavalier Enterprises Ltd. v. Country Style Donuts Ltd. and Copeland et al., (1985) 42 Sask.R. 256 (QB)

• Judge: Gerein, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 24, 1985
• Jurisdiction: Saskatchewan
• Citations: (1985), 42 Sask.R. 256 (QB)

Cavalier Ent. v. Country Style Donuts (1985), 42 Sask.R. 256 (QB)

MLB headnote and full text

Cavalier Enterprises Ltd. v. Country Style Donuts Ltd. and Copeland et al.

(No. 1869 A.D. 1985)

Indexed As: Cavalier Enterprises Ltd. v. Country Style Donuts Ltd. and Copeland et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Gerein, J.

October 24, 1985.

Summary:

The tenants operated a donut store in premises leased in a plaza owned by the landlord. They expanded their business to include the sale of soup, sandwiches, meat pies, sausage rolls and salads. Another tenant in the same plaza operated a family restaurant. The landlord applied for a writ of possession against the tenant alleging breach of the terms of a lease on use of the demised premises.

The Saskatchewan Court of Queen's Bench held that the tenant breached the terms of the lease by carrying on a business not intended by the parties to the lease and by creating competition with another tenant. The court granted the tenant time to rectify the breach, because the landlord suffered no economic loss.

Landlord and Tenant - Topic 1546

The premises - Use restrictions - Uses incidental to business purpose - Tenants operated a donut shop in premises leased from a landlord - The tenants expanded their operation to sell soup, sandwiches, meat pies, sausage rolls and salads - The Saskatchewan Court of Queen's Bench held that the tenants breached the terms of the lease on use of the demised premises because the expanded business did not come within the terms of the original lease and it created competition with another tenant - See paragraphs 17 to 23.

Landlord and Tenant - Topic 6786

Termination, forfeiture and re-entry - Relief against forfeiture - When available - Tenants operated a donut shop in premises leased from a landlord - The tenants expanded their operation to sell soup, sandwiches, meat pies, sausage rolls and salads - The Saskatchewan Court of Queen's Bench granted the tenant relief against forfeiture for breach of the lease where the landlord suffered no economic loss and where the breach could be rectified - See paragraphs 25 to 26.

Cases Noticed:

Stuart v. Diplock (1889), 43 Ch. D. 343, dist. [para. 23].

A. Lewis & Co. (Westminster) Ltd. v. Bell Property Trust Ltd., [1940] 1 All E.R. 570, dist. [para. 23].

Labonc v. Litherland Urban District Council et al., [1956] 2 All E.R. 215, dist. [para. 23].

Stop & Shop Ltd. v. Independent Builders Limited and Koury, [1933] O.R. 151, dist. [para. 23].

Russo et al. v. Field et al., [1973] S.C.R. 466, refd to. [para. 24].

Counsel:

R.W. Danyliuk, for the plaintiff;

E. Van Olst, for the defendants.

This case was heard before Gerein, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on October 24, 1985: