Is a clause in a mobile home contract requiring that the owner/landlord pay all insurance and property taxes enforceable?
British Columbia, Canada
The following excerpt is from Shooters Production Services Inc. v. Arnold Bros. Transport Ltd., 2003 BCSC 92 (CanLII):
In Ruge v. Kennedy, [1991] B.C.J. No. 230, a decision of this court, the issue was whether a clause providing that the owner/landlord of a mobile home was to “pay all mobile home insurance and property taxes” amounted to a covenant to insure and, as a result precluded the owner/landlord from recovery from the defendant in the event that the defendant was found negligent in starting the fire which damaged the mobile home.
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