Park Realty Ltd. v. Mentuck, (1981) 10 Man.R.(2d) 380 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: June 10, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 10 Man.R.(2d) 380 (CoCt)

Park Realty Ltd. v. Mentuck (1981), 10 Man.R.(2d) 380 (CoCt)

MLB headnote and full text

Park Realty Ltd. v. Mentuck and Mentuck

Indexed As: Park Realty Ltd. v. Mentuck

Manitoba County Court

Kennedy, C.C.J.

June 10, 1981.

Summary:

A landlord applied for an order for possession and for compensation for use and occupation of certain premises.

The Manitoba County Court allowed the application.

Landlord and Tenant - Topic 88

Creation of relationship - Circumstances not creating relationship - Tenant defined - The Department of Indian and Northern Affairs arranged for the rental of certain premises for two native persons and paid the monthly rental - The written lease was never executed by the tenant - The Manitoba County Court held that the Department was not a tenant within the meaning of s. 108(2) of the Landlord and Tenant Act, R.S.M. 1970, c. L-70, and was not required to be served in an application for possession and compensation - See paragraphs 9 to 10.

Words and Phrases

Tenant - The Manitoba County Court discussed the meaning of the word "tenant" as found in s. 108(2) of the Landlord and Tenant Act, R.S.M. 1970, c. L-70 - See paragraphs 6 to 10.

Statutes Noticed:

Landlord and Tenant Act, R.S.M. 1970, c. L-70, sect. 108 [paras. 5, 6].

Counsel:

Randolph M. Minuk, for the landlord;

M. Kaufman, for Gabriel Mentuck;

K. Zaifman, for Ivan Mentuck.

This application was heard before KENNEDY, C.C.J., of the Manitoba County Court. The decision of KENNEDY, C.C.J., was delivered on June 10, 1981: