What is the test for determining the ground upon which the landlord acted when he refused consent?

British Columbia, Canada


The following excerpt is from Lehndorff Can. Pension Properties Ltd. v. Davis Mgmt. Ltd., 1987 CanLII 2793 (BC SC):

Determining the true ground upon which the landlord acted is the subjective test of reasonableness. It is a question of what the landlord’s state of mind was when he refused the consent: see Lovelock v. Margo at p. 15; and Bromley Park at pp. 1031 and 1034.

Other Questions


In what circumstances will the courts rely on Zavaglia for determining whether a landlord has a higher duty of care than a landlord under the law of negligence? (British Columbia, Canada)
Can a landlord refuse to negotiate a right of renewal when the landlord has received an assurance that the lease will be renewed? (British Columbia, Canada)
What is the scope of landlord’s liability under the Residential Landlord's Act? (British Columbia, Canada)
Can a consent judgment of February 10, 2009 be set aside on the same grounds as the consent judgment that gave rise to it? (British Columbia, Canada)
When an offer made by a defendant for pre-trial settlement is reasonably refused, is the fact that the action is ultimately dismissed in its entirety a factor in determining double costs? (British Columbia, Canada)
What factors must be considered by a trier of fact in determining whether a patient would have refused treatment? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
Can a landlord exercise a right to renew a lease if the landlord fails to provide a written notice of the tenant’s intention to apply for a renewal? (British Columbia, Canada)
What is the test for relying on ss. 160-162 of the Family Law Act, S.B.C. 2011, c. 25 [Family Law Act)? (British Columbia, Canada)
What is the test for granting leave and license to sublet an apartment without the landlord's consent? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.