Mascan Corp. v. 278143 Ontario Ltd., Lando, as Trustee of 392253 Ontario Ltd. and The Canadian Girl Ltd., (1984) 3 O.A.C. 225 (CA)

JudgeBrooke, Weatherston and Robins, JJ.A.
CourtCourt of Appeal (Ontario)
Case DateFebruary 22, 1984
JurisdictionOntario
Citations(1984), 3 O.A.C. 225 (CA)

Mascan Corp. v. 278143 Ont. Ltd. (1984), 3 O.A.C. 225 (CA)

MLB headnote and full text

Mascan Corporation v. 278143 Ontario Ltd., Lando, as trustee of 392253 Ontario Ltd. and Canadian Girl Ltd.

Indexed As: Mascan Corp. v. 278143 Ontario Ltd., Lando, as Trustee of 392253 Ontario Ltd. and The Canadian Girl Ltd.

Ontario Court of Appeal

Brooke, Weatherston and Robins, JJ.A.

March 30, 1984.

Summary:

The issue in this case concerned the validity of the assignment of a lease by a tenant. The Ontario High Court, in a decision unreported in this series of reports, held that the assignment was null and void. Both the tenant and the assignee appealed.

The Ontario Court of Appeal allowed the appeal and held that the assignment was valid.

Landlord and Tenant - Topic 5004

Assignment of lease - Landlord's consent - What constitutes - A tenant sent its landlord unexecuted copies of the lease, plus executed copies of an assignment of lease - The landlord executed the lease, returned a signed copy to the tenant, and retained the executed copies of the assignment - The assignee paid the rent, which was accepted by the landlord for 16 months - The Ontario Court of Appeal held that the landlord consented to the assignment within the terms of the lease - See paragraphs 7 to 8.

Counsel:

D.F. Bell, for the appellant;

A.C. Dekany, for the respondent.

This appeal was heard before Brooke, Weatherston and Robins, JJ.A., of the Ontario Court of Appeal on February 22, 1984. The decision of the Court of Appeal was delivered orally by Brooke, J.A., and released on March 30, 1984.

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  • 1497777 Ont. Inc. v. Leon's Furniture, (2003) 176 O.A.C. 380 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • 23 septembre 2003
    ...St. Albert v. R.J. Sheppard & Co. (1913), 6 Alta. L.R. 128; 3 W.W.R. 814; 9 D.L.R. 619 (T.D.); Mascan Corp. v. 278143 Ontario Ltd. (1984), 3 O.A.C. 225 (C.A.). Furthermore, St. Jane's delay of 14 years in seeking to terminate the lease has created a situation which would result in an in......
1 cases
  • 1497777 Ont. Inc. v. Leon's Furniture, (2003) 176 O.A.C. 380 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • 23 septembre 2003
    ...St. Albert v. R.J. Sheppard & Co. (1913), 6 Alta. L.R. 128; 3 W.W.R. 814; 9 D.L.R. 619 (T.D.); Mascan Corp. v. 278143 Ontario Ltd. (1984), 3 O.A.C. 225 (C.A.). Furthermore, St. Jane's delay of 14 years in seeking to terminate the lease has created a situation which would result in an in......

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