Supreme Court of Canada
Chinook Appliances Ltd. v. Wellington Square Holdings Ltd., [1977] 2 S.C.R. 601
Date: 1977-05-11
Chinook Appliances Ltd. Appellant;
and
Wellington Square Holdings Ltd. Respondent.
1977: May 11.
Present: Martland, Ritchie, Spence, Pigeon and de Grandpré JJ.
ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION
Landlord and tenant—Premises leased for laundry and dry cleaning business—Severe building vibrations experienced after commencement of business—Equipment properly installed—Unsuitable floor cause of vibrations—No breach by tenant—Landlord’s application for possession dismissed.
APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division, allowing an appeal from a judgment of Kirby J., who dismissed an application by the respondent, as landlord, to evict the appellant. Appeal allowed.
C.D. O’Brien, for the appellant.
R.K. Laing, for the respondent.
The judgment of the Court was delivered orally by
MARTLAND J.—We are all in agreement with the reasons given by the trial judge. The appeal is allowed, the judgment of the Appellate Division, for which no reasons were given, is set aside and the judgment at trial is restored.
The appellant is entitled to costs in this Court and also to the costs of the appeal to the Appellate Division.
Judgment accordingly.
Solicitors for the appellant: Jones, Black & Co., Calgary.
Solicitors for the respondent: Beaumont, Proctor, Calgary.
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