Corriveau v Republic of Cuba,

• Date: 19 September 1979
• Court: Superior Court of Justice of Ontario (Canada)

Canada, Ontario High Court.

(Grange J.)

Corriveau

and

Republic of Cuba

Sovereign immunity Diplomatic immunity Foreign State Lease of land for use as embassy premises Landlord claiming under covenants in lease Whether action should be dismissed at preliminary stage on grounds of immunity The law of Canada

Summary: The facts:The plaintiff let property to the defendant State for use as embassy premises. He claimed compensation for damage done to the property during the period of the lease and for breach of a covenant to surrender the premises in good repair. The defendant moved to have the action dismissed on grounds of sovereign or diplomatic immunity.

Held:The defendant's motion was refused. The law of sovereign immunity was far from clear and was subject to several exceptions. It was therefore right that the case should go to trial where the question could be considered on all the evidence.1

The following is the text of the judgment of the Court:

Grange, J.:This is an action by a landlord for damages suffered to the leased premises. The defendant tenant is a sovereign State and seeks by this motion brought under Rule 128 to have the action dismissed upon the ground of diplomatic immunity.

The premises in question are located in Ottawa and were leased by the defendant for use as its chancellery or embassy from March 1 to December 31, 1976. The statement of claim alleges a heating failure on December 23, 1976, which resulted in freezing of and damage to the hot-water system, and that the defendant by its negligence permitted the heating failure and was thus responsible for the damages. The plaintiff further claims under covenants in the lease to repair and to yield up the premises in good repair. The amount claimed is $73,686,90 and interest.

The defendant bases its motion upon the well-known rules of sovereign immunity and relies on Mehr v. Republic of China et al., [1956] O.W.N, 218; affirmed ibid., p. 363, an action for malicious prosecution; Republic of Cuba v. Flota Maritima Browning de Cuba, S.A. and The Steamship Canadian Conqueror et al.INTL,[2] [1962] Ex. C.R. 1; affirmed [1962] S.C.R. 598, 34 D.L.R, (2d) 628, an action, upon an admiralty contract and for the arrest of ships; Reference re Powers to Levy Rates on Foreign Legations & High Com'rs' Residences,[3] [1943] S.C.R. 208, [1948] 2 D.L.R. 481, concerning the imposition of taxes on foreign embassies; Dessaulles v. Republic of Poland,[4] [1944] S.C.R. 275, [1944] 4 D.L.R. 1, and Government of...