What is the test for determining whether a covenant of trust has been broken or not?
Saskatchewan, Canada
The following excerpt is from Irvine Recreations Ltd. v. Gardis, 1982 CanLII 2503 (SK QB):
It has been held in Sanderson v. Berwick-upon-Tweed Corpn. (1884), 13 Q.B.D. 547, at p. 551, that: . . . Where the ordinary and lawful enjoyment of the demised land is substantially interfered with by the acts of the lessor, . . . the covenant appears to . . . be broken. The covenant can be breached even if there has been no direct physical interference with the lessee’s possession. See: Kenny v. Preen, [1963] 1 Q.B. 499.
In McNichol v. Malcolm (1907-08), 1907 CanLII 55 (SCC), 39 S.C.R. 265, it was held that the lessor was liable for breach of the covenant by an independent contractor.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How do courts determine whether a matter arises out of a collective agreement? (Saskatchewan, Canada)
What is the test for determining whether a plaintiff failed to return to the west side of the road after colliding with another vehicle? (Saskatchewan, Canada)
What is the test for determining whether Petro Tag is a contributory factor in a Co-op’s loss of income? (Saskatchewan, Canada)
Does a jury have any authority to determine whether a disease is hereditary? (Saskatchewan, Canada)
What are the relevant factors used by a judge to determine whether or not a child has been removed from the custody of his mother? (Saskatchewan, Canada)
What is the test for determining whether an employer is liable for injuries sustained by a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
How has liability been determined in respect of a broken jar? (Saskatchewan, Canada)
Is conduct of the parties a factor in determining whether or not a child has been found to be a contributing factor in a custody decision? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
What authority has been followed in determining whether or not a witness who was a member of the legislature can testify as to statements made by a minister when introducing the bill? (Saskatchewan, Canada)
