Hanson v. Hamid, (1977) 2 A.R. 582 (TD)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 03, 1977
• Citations: (1977), 2 A.R. 582 (TD)

Hanson v. Hamid (1977), 2 A.R. 582 (TD)

MLB headnote and full text

Hanson v. Hamid

Indexed As: Hanson v. Hamid

Alberta Supreme Court

Trial Division

Judicial District of Calgary

A.D. Bessemer, Q.C., Master in Chambers

March 3, 1977.

Summary:

This headnote contains no summary.

Landlord and Tenant - Topic 7587

Overholding tenants - Summary proceedings for possession - Notice of hearing - Time for service of notice of hearing - Landlord and Tenant Act, s. 10(2) - S. 10(2) provided that a notice of hearing be served at least three days before the date of the hearing - The Alberta Supreme Court, Trial Division, interpreted s. 10(2) and stated that "at least three days" required three clear days excluding holidays and Saturdays.

Time - Topic 783

Computation of time - Particular terms - Meaning of the words "at least" - The Alberta Supreme Court, Trial Division, stated that the statutory expression "at least three days" must be taken to mean three clear days - See paragraph 5.

Words and Phrases

At least - The Alberta Supreme Court, Trial Division, discussed the meaning of the words "at least" as found in s. 10(2) of the Alberta Landlord and Tenant Act.

Cases Noticed:

R. v. Staiger, 2 A.R. 427; [1977] 1 W.W.R. 457, refd to. [para. 5].

Statutes Noticed:

Rules of Court (Alta.), rule 545, rule 546(2).

Landlord and Tenant Act, R.S.A. 1970, c. 200, sect. 10(2) [para. 4].

Interpretation Act, R.S.A. 1970, c. 189, sect. 11 [para. 8].

Authors and Works Noticed:

Maxwell on Interpretation of Statutes (10 Ed.), pp. 6 [para. 10]; 191 [para. 11].

Counsel:

Woolliams, Korman and Moore, for the applicant.

The judgment of the Trial Division of the Alberta Supreme Court was delivered at Calgary, Alberta on March 3, 1977.