Curtis Investments Ltd. v. Anderson, (1981) 24 Man.R.(2d) 220 (CoCt)
Court | Provincial Court of Manitoba (Canada) |
Case Date | February 20, 1981 |
Jurisdiction | Manitoba |
Citations | (1981), 24 Man.R.(2d) 220 (CoCt) |
Curtis Inv. Ltd. v. Anderson (1981), 24 Man.R.(2d) 220 (CoCt)
MLB headnote and full text
Curtis Investments Ltd. v. Anderson
Indexed As: Curtis Investments Ltd. v. Anderson
Manitoba County Court
Jewers, C.C.J.
February 20, 1981.
Summary:
A landlord brought an action against a tenant for three months rent after the tenant moved out prior to the end of the lease because of disturbing noises from the apartment above her.
The Manitoba County Court allowed the landlord's action and held that the disturbance of one tenant by another does not constitute a breach of the landlord's covenant of quiet enjoyment.
Landlord and Tenant - Topic 2327
Lease - Implied terms or covenants - Quiet enjoyment - The Manitoba County Court held that the disturbance by noise by one tenant in an apartment block of another tenant did not constitute a breach of the landlord's covenant of quiet enjoyment.
Cases Noticed:
Malzy v. Eichholz, [1916] 2 K.B. 308 (C.A.), appld., [para. 12].
Statutes Noticed:
Landlord and Tenant Act, C.C.S.M. c. L-70, sect. 91 [para. 9]; sect. 98(4) [para. 18].
Authors and Works Noticed:
Report on Landlord and Tenant, Ontario Law Reform Commission, p. 92 [para. 14].
Williams, Canadian Law of Landlord and Tenant (4th Ed.), pp. 354 and 355 [para. 13]; 365 [para. 9].
Woodfall's Landlord and Tenant (27th Ed.), vol. 1, p. 570, Article 1322 [para. 11].
Counsel:
I. Ludwig, plaintiff (appellant);
C.R. Romeo, defendant (respondent).
This case was heard at Winnipeg, Manitoba, before Jewers, C.C.J., of the Manitoba County court, who delivered the following judgment on February 20, 1981:
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