Smithwick v. Saskatchewan, (1979) 2 Sask.R. 336 (CA)

• Judge: Brownridge, Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: August 22, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 2 Sask.R. 336 (CA)

Smithwick v. Sask. (1979), 2 Sask.R. 336 (CA)

MLB headnote and full text

Smithwick v. Saskatchewan, Province of

(No. 6933)

NTJB Investments Ltd. v. Saskatchewan, Province of

Indexed As: Smithwick v. Saskatchewan

Saskatchewan Court of Appeal

Brownridge, Hall and Bayda, JJ.A.

August 22, 1979.

Summary:

This headnote contains no summary.

Landlord and Tenant - Topic 90

Creation of relationship - Circumstances not creating relationship - Where ostensible tenant is agent of landlord - A family corporation owned land and a building in the City of Saskatoon and leased the building to members of the family to operate a business, "Smithwick's Physiotherapy" - The corporation owned all of the equipment used in the business and the corporation also managed and controlled the entire business - The Province of Saskatchewan expropriated the land and buildings - The Saskatchewan Court of Appeal held that for purposes of compensation, the business, "Smithwick's Physiotherapy", while ostensibly a tenant, was merely the agent of the corporation and that the corporation was the only person entitled to compensation for the expropriation.

Cases Noticed:

Smith, Stone and Knight Ltd. v. Birmingham Corporation Ltd., [1939] 4 All E.R. 166, refd to. [para. 14].

White, White and Radio Supply and Service Ltd. v. Regina (City), [1977] 3 W.W.R. 158, dist. [para. 17].

Re Frankel Steel Construction Ltd. and Metro Toronto, [1966] 2 O.R. 816, dist. [para. 18].

Harvey v. Crawley Development Corporation, [1957] 1 Q.B. 485, refd to. [para. 21].

Statutes Noticed:

Expropriation Procedure Act, S.S. 1968, c. 21.

Counsel:

Larry G. Anderson, for the appellant;

D. Beaubier, for the respondent.

This appeal was heard by BROWNRIDGE, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal. The judgment of the Saskatchewan Court of Appeal was delivered by HALL, J.A., at Regina, Saskatchewan, on August 22, 1979.