What is the test for a breach of the covenant to repair clause in a commercial lease?

British Columbia, Canada


The following excerpt is from Anderson-Davis v. Arita, 1995 CanLII 1001 (BC SC):

3 The breach of covenant claim turns on the defendant's undertaking to repair. In my judgement that undertaking is subject to the condition expressed at p.2 of the lease that he need not repair reasonable wear and tear to the premises. The last words of paragraph number 6 on p.1(b) "on or when required" must be interpreted as a reference to the exclusion of reasonable wear and tear which follows on p.2. The covenant to repair as it is worded in this lease did not require the tenant to put the premises into good repair, see Kreeft v. Pioneer Steel Ltd. [1978] 8 B.C.L.R. 138. In my opinion it follows that he was not required to leave the premises in any other state than they were at the beginning of the lease, subject to reasonable wear and tear. I find no ambiguity about the repair clause which might leave room for the choice of an interpretation more favourable to the plaintiff as the party who was presented with the form of words by the tenant.

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