In what circumstances will a landlord be able to claim damages from a tenant who is not a party to the contract?
Alberta, Canada
The following excerpt is from Dexleigh Corp. v. O'Toole's Realty Ltd., 1986 CanLII 1910 (AB QB):
In Canada Morning News Company v. Thompson, 1930 CanLII 25 (SCC), [1930] S.C.R. 338, Anglin, J., states at p. 340: "It is clear law that in order to justify a distress for rent the relationship of landlord and tenant must subsist between the person on whose behalf it is made and the person against whom it is directed. It is also certain that this relationship can only arise out of contract, express or implied."
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