Contract or Property Law; Form and Delivery of Lease; Right to Assign and Sublet, Research Paper 7

The laws of contract and property are fundamentally different, with different common law, equitable, and statutory guarantees coming into play when dealing respectively with property and with a contract. The first part of this paper considers whether the relationship between landlord and tenant, as determined by the Residential Tenancies Act at the time of publication, should be regulated by the law of property or the law of contract, and how this regulation should work. The second part […]

November 4, 1975

Resolution of Disputes; Landlord and Tenant (Advisory) Boards; Distress, Research Paper 6

This paper addresses several issues related to the resolution of disputes between landlords and tenants, and is broken into three sections. The first section is a broad overview of extra-judicial processes for resolving disputes between landlords and tenants, and includes and overview of the process as conducted in Alberta at the time of publication, as well as a listing of issues relevant to any similar dispute resolution process. The second section is a survey of […]

Termination Procedures; Failure of Tenants to Pay Rent; Overholding Tenants, Research Paper 4

This paper deals generally with issues that arise at the ending of the legal relationship between a landlord and a tenant. Each section of the paper includes an informative introduction, a survey of legal rules throughout jurisdictions in Canada (at the time of publication), and issues raised around the topic of the section. The first section of this paper deals generally with the termination of the landlord and tenant relationship, and specifically with three aspects […]

Obligation to Repair; Security Deposits, Research Paper 3

This paper addresses the three somewhat disparate issues listed in the title. The first section of the paper surveys the common law rules (throughout Canada) and statutory rules of several jurisdictions within Canada (at the time of publication) regulating the duties of a landlord and tenant to maintain and repair certain parts of leased property (and associated properties, such as elevators, hallways, parking stalls, etc.). Issues that must be addressed when considering these rules are […]

Entry of Landlord; Locks and Security Devices, Research Paper 2

This three-part paper, deals with the different rules that govern who may or may not enter leased property. Each section surveys the statutory provisions (regulating the issue in question) of various jurisdictions throughout Canada at the time of publication, and lists issues relating to the question covered in the section. The first section of the paper addresses the right of the tenant to exclude entry by the landlord and his or her agents. The second […]

Rent Control: Security of Tenure, Research Paper 1

This paper, which is in two parts, addresses questions of governmental action to ensure the availability of affordable and secure housing. The first section of the paper addresses rent control, i.e. statutory control over how much a landlord may charge in rent. The paper discusses: different systems of rent control, arguments for and against rent control, alternatives to rent control, and, issues that must be addressed when considering rent control. The first section also includes […]

Collateral Land Mortgages as Security for the Purchase of Chattels: Effect of Sections 106 and 107 of the Land Titles Act

January 3, 1975

Land Titles Project 61: Implied Covenants of Transferee of Land Subject to Mortgage of Encumbrance

An Examination of the Effect of s. 16 of the Conditional Sales Act on the Principle of Indefeasibility of a Certificate of Title Under the Land Titles Act

Land Titles Project Section 2(11): The Definition of “Land”

January 1, 1975