Does a term in the lease stating that a breach by the tenant is determined upon any breach of the lease constitute a proviso for re-entry?
Alberta, Canada
The following excerpt is from Hallbauer v. Shipowick, 1985 CanLII 1184 (AB QB):
I do not agree with Warrington J. if he considers Jones v. Carter [(1846), 15 M. & W. 718, 153 E.R. 1040] as suggesting that a term in the lease stating it is determined upon any breach by the tenant as equivalent to a proviso for re-entry. The case does not say that.
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