How have the courts interpreted a lease agreement in the context of renovations?

British Columbia, Canada


The following excerpt is from Topouzis v. Abboud, 2012 BCSC 228 (CanLII):

In Hunt v. Silk, the plaintiff and defendant entered into a lease agreement whereby the plaintiff would lease the premises for up to 19 years, conditional upon the defendant performing certain renovations within 10 days of the plaintiff taking occupancy. By later agreement, the plaintiff took occupancy early, made a deposit, and later brought a claim for money had and received because the renovations were never done. The plaintiff’s claim failed because the early occupancy was sufficient consideration; the requirement for total failure of consideration was not met.

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