Don Car Leasing Ltd. v. Strickland, (1993) 123 N.S.R.(2d) 421 (SC)

• Judge: Edwards, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 28, 1993
• Jurisdiction: Nova Scotia
• Citations: (1993), 123 N.S.R.(2d) 421 (SC)

Don Car Leasing v. Strickland (1993), 123 N.S.R.(2d) 421 (SC);

 340 A.P.R. 421

MLB headnote and full text

Don Car Leasing Limited and Kenmount Ford Sales (1981) Limited (plaintiffs/defendants by counterclaim) v. William Strickland and Deborah Strickland (defendants/plaintiffs by counterclaim)

(SN No. 07242)

Indexed As: Don Car Leasing Ltd. v. Strickland

Nova Scotia Supreme Court

Edwards, J.

May 28, 1993.

Summary:

The plaintiff lessors sued the defendant lessees of various vehicles for the amount owing under the leases. The vehicles had been repossessed and sold. The defendants were in continuous default from the begin­ning, but the plaintiffs sat on their rights and let matters get out of hand.

The Nova Scotia Supreme Court allowed the action, but reduced the plaintiffs' basic award of $22,046.65 by $5,000 for their waiver of their right to enforce the leases in a timely way.

Estoppel - Topic 1161

Estoppel by conduct - Representation by conduct - Acquiescence - [See Waiver - Topic 1002 ].

Waiver - Topic 1002

Contracts - Acts constituting waiver - A lessor leased four vehicles to a husband and wife for their trucking business - They were in default almost from the beginning, making payments sporadically and falling into arrears - The lessor was very indulgent, partly from the pressure of business, and did not exercise their rights under the leases to protect themselves until things got out of hand - The Nova Scotia Supreme Court allowed the lessors' action for the basic amount owing of $22,046.65, but reduced the amount by $5,000 for their waiver of their right to enforce the leases in a timely way.

Cases Noticed:

Northside Economic Development Assist­ance Corp. v. Strickland (1990), 96 N.S.R.(2d) 4; 253 A.P.R. 4 (T.D.), dist. [para. 16].

Sullivan and Atlantic Trust Co. v. Crnog­orac et al. (1983), 60 N.S.R.(2d) 201; 128 A.P.R. 201 (T.D.), dist. [para. 16].

A & K Lick-A-Chick Franchise Ltd. v. Cordiv Enterprises Ltd., Divito and Cor­deau (1981), 44 N.S.R.(2d) 159; 83 A.P.R. 159 (T.D.), dist. [para. 16].

Pizzo v. Crory, Laws and Charterhouse Equities Ltd. et al. (1986), 71 N.S.R.(2d) 419; 171 A.P.R. 419 (T.D.), dist. [para. 57].

Counsel:

George S. Khattar, Q.C., for the plaintiffs;

Lisa Fraser-Hill, for the defendants.

This case was heard on April 27, 28, 29, 30, May 17, 18, 1993, before Edwards, J., of the Nova Scotia Supreme Court, who delivered the following judgment on May 28, 1993.