Lease agreementEvictionEnrichment lienHolding over damagesPrescription
Tags
Lease terminationEvictionEnrichment lienHolding over damages
legislation
Statutes Cited
Insolvency Act
Insolvency Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the lease between the parties was lawfully terminated","issue_type":"mixed","dispositive":"yes","related_facts":"Lease expired 31 May 2017; notice given 27 February 2017"}
{"issue_text":"Whether the 1st defendant has a valid defence to the claim for eviction","issue_type":"mixed","dispositive":"yes","related_facts":"Equipment allegedly fixed to building; enrichment lien claimed"}
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background
Facts of the Case
Background
Plaintiff company leased commercial premises to 1st defendant for 3 years from June 2014 to May 2017. After expiry and failure to vacate, plaintiff claimed eviction and holding over damages. 1st defendant resisted on grounds of enrichment lien and disputed termination.
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