Moore v. New Progress Construction Ltd., (1981) 10 Man.R.(2d) 83 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: April 30, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 10 Man.R.(2d) 83 (CoCt)

Moore v. New Progress Constr. (1981), 10 Man.R.(2d) 83 (CoCt)

MLB headnote and full text

Moore v. New Progress Construction Limited

Indexed As: Moore v. New Progress Construction Ltd.

Manitoba County Court

Jewers, C.C.J.

April 30, 1981.

Summary:

A tenant applied for an order that his landlord unreasonably withheld consent to the assignment of his lease, and for an order permitting the assignment to be made.

The Manitoba County Court adjourned the application, with leave to reapply - see also 9 Man.R.(2d) 434.

Landlord and Tenant - Topic 5005

Assignment of lease - Landlord's consent - Right to withhold - The Manitoba County Court held that a landlord may reasonably withhold his consent to the assignment of a lease, until he has been provided with credit references, business references and the proposed use of the property by the assignee - See paragraph 2.

Landlord and Tenant - Topic 5005

Assignment of lease - Landlord's consent - Right to withhold - A lease provided that the tenant had a right to assign the premises, subject to the consent of the landlord and to the completion of a form of assignment and acceptance - The form was executed by the tenant, but not by the proposed assignee - The Manitoba County Court held that the landlord did not unreasonably withhold his consent to the assignment, when the form was not properly completed - See paragraphs 11 to 12.

Evidence - Topic 3193

Documents - Translations - Proof of authenticity - Before an English translation of a foreign document was accepted as evidence, the Manitoba County Court required the affidavit of a qualified translator to be filed, stating that the English translation was a true and correct interpretation of the foreign language - See paragraphs 7 to 9.

Counsel:

A.J. MacKenzie, for the applicant;

C. Sherbo, for the respondent.

This application was heard before JEWERS, C.C.J., of the Manitoba County Court. The decision of JEWERS, C.C.J., was delivered on April 30, 1981.