Is the doctrine of surrender limited to cases of landlord and tenant cases?
Alberta, Canada
The following excerpt is from Canadian Superior Oil Ltd. v. Jacobson, 1989 CanLII 3230 (AB QB):
While Kellock J. noted that “the doctrine of surrender is not limited to cases of landlord and tenant”, no authority is cited for that proposition. Reference was made to Lyon v. Reed which was, in itself, a lease case. The other authorities cited by His Lordship were also landlord and tenant cases in one aspect or another. Estey J., at p. 254, noted the absence of cited authority for the application of the doctrine to the case before that court.
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