Hargreaves v. Fleming, (1995) 138 Sask.R. 149 (QB)

JudgeWimmer, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateOctober 26, 1995
JurisdictionSaskatchewan
Citations(1995), 138 Sask.R. 149 (QB)

Hargreaves v. Fleming (1995), 138 Sask.R. 149 (QB)

MLB headnote and full text

In The Matter Of the Landlord and Tenant Act for the Province of Saskatchewan, And In The Matter Of Eric Alfred Hargreaves and George Michael Hargreaves, landlords, against Richard Fleming, carrying on business as G & R Autobody Sales & Services, tenant

Eric Alfred Hargreaves and George Michael Hargreaves (applicants) v. Richard Fleming, carrying on business under the name and style "G & R Autobody Sales & Services" (respondents)

(1993 Q.B. No. 1643)

Indexed As: Hargreaves v. Fleming

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Wimmer, J.

October 26, 1995.

Summary:

Landlords sought a writ of possession respecting an industrial building allegedly occupied by an over-holding tenant.

The Saskatchewan Court of Queen's Bench, in a decision reported 129 Sask.R. 136, dismissed the application. Thereafter, the landlords sought a writ of possession, arguing that the tenant's rent was in arrears for two months and therefore, under s. 9 of the Landlord and Tenant Act, the landlord was entitled to reenter.

The Saskatchewan Court of Queen's Bench, in a decision reported 138 Sask.R. 147, held that it did not have enough infor­mation to answer the question. The court ordered a trial of the issues.

The Saskatchewan Court of Queen's Bench granted the landlords a writ of possession.

Landlord and Tenant - Topic 2203

The lease - What constitutes a lease - The parties entered into a lease in November 1992 - The lease had an option to renew - Their relationship was marked by frequent conflict, primarily due to the tenant's fail­ure to pay its rent on time - The landlords sought a writ of possession, arguing that the tenant's rent was in arrears - The tenant claimed that there was a new bind­ing parol lease which included an option to purchase and an agreement on the payment of arrears - The Saskatchewan Court of Queen's Bench held that the tenant failed to establish that there was any agreement in place other than the original lease - The court held that the landlord was entitled to a writ of possession.

Landlord and Tenant - Topic 2242

The lease - Form - Validity of oral or parol lease - [See Landlord and Tenant - Topic 2203 ].

Landlord and Tenant - Topic 3844

Rent - Payment of rent - Effect of nonpayment - [See Landlord and Tenant - Topic 2203 ].

Landlord and Tenant - Topic 6626

Termination, forfeiture and reentry - Reentry - For nonpayment of rent - [See Landlord and Tenant - Topic 2203 ].

Counsel:

L.J. Litman, for the applicants;

Respondent appeared in person.

This application was heard by Wimmer, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on October 26, 1995.

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