Can a lease holder be ejected from a commercial lease because the lease is not secured by the lessor, but by the assignee of a mortgage?
Alberta, Canada
The following excerpt is from 581834 Alberta Ltd. v. Alberta (Gaming and Liquor Commission), 2007 ABCA 332 (CanLII):
To the same effect is Bellamy v. Barnes, (1882) 44 U.C.Q.B. 315. There the lessee was ejected by the assignee of a mortgage, whose mortgage was prior to the lease and not made by the lessor. The court held that the lessee could not recover on the covenant as the assignee of the mortgage was not a person “claiming by, from or under” the lessor, but under his predecessor in title.
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