Can a tenant who removed goods from a leased premises to avoid distress and replevin from a landlord be found to be fraudulent?
Alberta, Canada
The following excerpt is from Yule & Co. (Hong Kong) v. Singh, Sehra and Jay's Video Connection, 1985 CanLII 1439 (AB QB):
In John v. Jenkins (1832), 1 C & M 227; 149 E.R. 385, a tenant had brought action against a landlord for illegal distress and replevin. The seizure had been made off of the leased premises. It was admitted by the counsel for the tenant that the tenant had removed the goods to avoid a distress by the landlord. He alleged the tenant had been of the opinion that the landlord was not entitled to make a valid seizure. It is not clear from the case report whether the tenant informed the landlord before he removed the goods. The case was sent to a jury which decided that the removal by the tenant was not fraudulent because the tenant did not have fraudulent intent.
"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
Does the fact that a landlord has reserved the right to enter the premises to effect repairs, or to keep the premises in a state of repair, have any liability towards the tenant? (Alberta, Canada)
In which a new lease has been substituted for a existing lease, can the landlord continue to distrain under the original lease? (Alberta, Canada)
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)
Does a term in the lease stating that a breach by the tenant is determined upon any breach of the lease constitute a proviso for re-entry? (Alberta, Canada)
Is there any difference between a landlord and a purchaser of a lease where the lease is registered as an actual notice rather than a bill of sale? (Alberta, Canada)
How have courts dealt with a claim by the landlord’s insurer against a tenant where there is not a written lease agreement? (Alberta, Canada)
Can a member of a resort club lease a 30-45-60-year lease to a residential unit at a resort resort club where the lease terms are 3 years? (Alberta, Canada)
Is a tenant protected against subrogation under a lease that requires a landlord to obtain insurance? (Alberta, Canada)
Does the term "by the lessee" in a Leased Offshore Leased Agreement apply to drilling operations on the lease? (Alberta, Canada)
What is the duty of care owed by the owner of a premises to a person who comes onto those premises as an invitee? (Alberta, Canada)
