Can a learned trial judge's reasoning apply when the action of the landlord in terminating the lease was lawful?
British Columbia, Canada
The following excerpt is from Baywest properties Ltd. v. Stratheden properties Ltd., 1992 CanLII 731 (BC CA):
51 If the action of the landlord in terminating the tenancy were lawful, then the learned trial judge's reasoning might apply. For example, the tenant not having applied for relief from forfeiture would have difficulty in establishing a claim based on unjust enrichment. However, that reasoning can have no application when the landlord has wrongfully terminated the lease. In terms of landlord and tenant law, the actions of the landlord constitute a wrongful eviction for which the tenant may maintain an action in trespass. See: Black v. Stebnicki (supra).
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