Holachten Meadows Mobile Home Park Ltd. v. Canada (Minister of Indian Affairs and Northern Development) et al., (1986) 1 F.T.R. 278 (TD)

• Judge: Dube, J.
• Court: Federal Court (Canada)
• Case Date: January 09, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 1 F.T.R. 278 (TD)

Holachten Meadows Mobile v. Can. (1986), 1 F.T.R. 278 (TD)

MLB headnote and full text

Holachten Meadows Mobile Home Park Ltd. v. Her Majesty The Queen in Right of Canada and Lakahahmen Indian Band

(T-1531-85)

Indexed As: Holachten Meadows Mobile Home Park Ltd. v. Canada (Minister of Indian Affairs and Northern Development) et al.

Federal Court of Canada

Trial Division

Dube, J.

January 15, 1986.

Summary:

Holachten Meadows Mobile Home Park Ltd. (Holachten) had a 50 year lease from the Federal Crown on certain lands on which Holachten operated a mobile home park. The Crown terminated the lease for nonpayment of rent and taxes. Holachten applied by way of motion for relief from forfeiture upon payment of the rent. The Federal Court of Canada, Trial Division, dismissed Holachten's motion.

Landlord and Tenant - Topic 6783

Termination - Forfeiture and re-entry - Relief against forfeiture - Jurisdiction - Federal Court of Canada, Trial Division - Declaratory relief sought by way of motion - The Federal Court of Canada, Trial Division, held that it lacked jurisdiction to grant interim relief against forfeiture because the court did not have authority to grant declarations on an interim basis - The court held that as a court of equity it could grant relief from forfeiture on the trial of an action but not on the mere hearing of a motion for an interim remedy - See paragraphs 15 to 18.

Landlord and Tenant - Topic 6784

Termination - Forfeiture and re-entry - Relief against forfeiture - For nonpayment of rent - The Federal Court of Canada, Trial Division, discussed when it was appropriate to grant relief from forfeiture where a lessee defaults on rental payments but later pays the rent due - See paragraphs 3 to 10.

Landlord and Tenant - Topic 6789

Termination - Forfeiture and re-entry - Relief against forfeiture - Grounds for imposing relief - Where tenant does not have clean hands because of other breaches of lease - A tenant defaulted on his agreement to pay rent and taxes and breached several other covenants in his lease from the Crown - The Crown terminated the lease for nonpayment of rent and taxes - The tenant claimed that upon payment of the rent the lease should be reinstated and asked the court to grant relief from the forfeiture - The Federal Court of Canada, Trial Division, refused to grant relief from forfeiture because of the tenant's conduct in breaching other terms of the lease (the tenant did not have clean hands) - See paragraphs 1 to 14.

Cases Noticed:

Dennaoui v. Green Gables Fine Foods Ltd. (1974), 19 N.S.R.(2d) 631; 24 A.P.R. 631; 47 D.L.R.(3d) 609 (N.S.S.C.), refd to. [para. 3].

Gill v. Lewis, [1956] All E.R. 844 (C.A.), not folld. [para. 5].

Shiloh Spinners Ltd. v. Hardin, [1973] A.C. 691 (H.L.), appld. [para. 7].

Gleneagle Manor Ltd. et al. v. Finn's of Kerrisdale Ltd. et al. (1980), 116 D.L.R.(3d) 617 (B.C.S.C.), appld. [para. 8].

Re Jeans West Unisex Ltd. and Hung et al. (1975), 9 O.R.(2d) 390 (Ont. H.C.), appld. [para. 9].

Authors and Works Noticed:

Megarry and Wade, Law of Real Property (3rd Ed. 1966), p. 666 [para. 3].

Rhodes, Canadian Law of Landlord and Tenant [para. 17].

Counsel:

Appearances: D.B. Hyndman, for the plaintiff;

George C. Carruthers, for Her Majesty the Queen;

P.G. Voith and D.I. Schneiderman, for Lakahamen Indian Band;

Solicitors of Record:

Freeman & Co., Vancouver, British Columbia, for plaintiff;

F. Iacobucci, Deputy A.G. for Canada, for Her Majesty;

Davis & Co., Vancouver, British Columbia, for Lakahamen Indian Band.

This motion was heard at Vancouver, British Columbia, on January 9, 1986, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on January 15, 1986: