Hiscock v. Squires, (1975) 8 Nfld. & P.E.I.R. 394 (NFCA)

• Judge: Furlong, C.J.N., Mifflin and Noel, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: September 16, 1975
• Jurisdiction: Newfoundland and Labrador
• Citations: (1975), 8 Nfld. & P.E.I.R. 394 (NFCA)

Hiscock v. Squires (1975), 8 Nfld. & P.E.I.R. 394 (NFCA);

    8 A.P.R. 394

MLB headnote and full text

Hiscock v. Squires

Indexed As: Hiscock v. Squires

Newfoundland Court of Appeal

Furlong, C.J.N., Mifflin and Noel, JJ.

September 16, 1975.

Summary:

This case arose out of a lease of store premises by a landlord to a tenant. The tenant rented the retail store on November 15, 1972. After a satisfactory Christmas trade, the tenant carried out extensive renovations to the premises which cost $8,661.00. The renovations were made with the consent of the landlord. The renovations were completed on or about April 1, 1973. On June 28, 1973, the landlord gave the tenant notice to quit the premises on or before August 31, 1973. The tenant refused to vacate the premises and the landlord commenced an action for possession and for mesne profits. The defendant counterclaimed for the cost of the alterations and in the alternative for specific performance of an alleged lease for a term of years. The trial court found that the landlord was entitled to possession and mesne profits. The trial court also held that the tenant was entitled to the cost of the alterations less $2,000.00 for the expense the landlord was required to incur in altering the renovations made by the tenant.

On appeal to the Newfoundland Court of Appeal the appeal was allowed in part. The Court of Appeal held that the landlord was entitled to possession of the premises and was entitled to mesne profits. However, the court set aside the judgment in favour of the tenant for the cost of the renovations of $8,661.00. The court stated that the tenant made the renovations with the knowledge that the lease was only a monthly lease. The court stated that the evidence failed to establish that the landlord granted the tenant a new lease.

Restitution - Topic 2202

Benefit acquired by a landlord from a tenant - Improvements made by a tenant in anticipation of a new lease which failed to materialize - A tenant rented a retail store on a monthly lease - After a trial period the tenant, with the consent of the landlord, made renovations to the store which cost $8,661.00 - Two months after the renovations were completed the landlord gave the tenant notice to quit the premises - The Newfoundland Court of Appeal dismissed a claim by the tenant for damages for cost of the renovations.

Cases Noticed:

Price v. Salsbury (1863), 32 Beav. 446, folld. [para. 8].

Scammel v. Oustan, [1941] A.C. 251, folld. [para. 22].

Beattie v. Lord Ebury (1872), 7 Ch. App. Cases 777, folld. [para. 24].

Bell v. Macklin, 15 S.C.R. 576, folld. [para. 25].

Counsel:

David Riche, for the plaintiff-appellant;

Michael Harrington, for the defendant-respondent.

This appeal was heard by the Newfoundland Court of Appeal at St. John's, Newfoundland. On September 16, 1975, the following opinions were filed:

FURLONG, C.J.N., - see paragraphs 1 to 10,

MIFFLIN, J., - see paragraphs 11 to 16,

NOEL, J., - see paragraphs 17 to 26.