License to Occupy v. Lease Agreement (Commercial): Difference between revisions
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[[Category:Contract Law, Leases, & Sub-Letting (Commercial Tenancy)]] | [[Category:Contract Law, Leases, & Sub-Letting (Commercial Tenancy)]] | ||
[[Category:Landlord & Tenant (Commercial)]] | |||
==Campbell v. 1493951 Ontario Inc., 2020 ONSC 4029 (CanLII)<ref name="Campbell"/>== | ==Campbell v. 1493951 Ontario Inc., 2020 ONSC 4029 (CanLII)<ref name="Campbell"/>== | ||
[11] An agreement will constitute a lease if it grants, and was intended to grant, exclusive possession of the premises to the occupant. | [11] <b><u>An agreement will constitute a lease if it grants, and was intended to grant, exclusive possession of the premises to the occupant.</b></u><ref name="Stoneridge"/> I am satisfied that the agreement between Mr. Campbell and Tri-Echo was a sub-lease. | ||
<ref name="Campbell">Campbell v. 1493951 Ontario Inc., 2020 ONSC 4029 (CanLII), <https://canlii.ca/t/j99fz>, retrieved on 2022-07-27</ref> | <ref name="Campbell">Campbell v. 1493951 Ontario Inc., 2020 ONSC 4029 (CanLII), <https://canlii.ca/t/j99fz>, retrieved on 2022-07-27</ref> | ||
<ref name="Stoneridge">Stoneridge Travel Centre Inc. v. 1079334 Ontario Ltd., 2000 CanLII 27013 (ON CA), <https://canlii.ca/t/234fn>, retrieved on 2022-07-27</ref> | |||
==Harvey v. Bingemans and Waterloo Region Police, 2022 ONSC 3905 (CanLII)<ref name="Harvey"/>== | |||
[26] There is a difference between a license and a lease. <b><u>A license is a permission to use a property. It does not convey a leasehold interest in the land. With a license, one becomes a licensee; with a lease, one becomes a tenant.</b></u> There are similarities between the rights of tenants and licensees, but they are not the same. The concepts cannot be used interchangeably. | |||
<b><u>[27] A licensee is permitted to enter onto lands, with the permission or consent of the owner. A license gives the licensee the right to do something on the owner’s property, which the owner could otherwise prevent.</b></u> | |||
[28] Generally, a lease exists where the owner agrees to turn over exclusive possession of the property to another for a period of time. The conveyance of exclusive possession is an essential characteristic of a lease. A license, on the other hand, is an agreement that gives the licensee permission to use the land only at the owner’s discretion. A license is a revocable privilege. | |||
<ref name="Harvey">Harvey v. Bingemans and Waterloo Region Police, 2022 ONSC 3905 (CanLII), <https://canlii.ca/t/jq25b>, retrieved on 2022-07-27</ref> | |||
==References== | ==References== | ||
Latest revision as of 00:41, 29 August 2022
Campbell v. 1493951 Ontario Inc., 2020 ONSC 4029 (CanLII)[1]
[11] An agreement will constitute a lease if it grants, and was intended to grant, exclusive possession of the premises to the occupant.[2] I am satisfied that the agreement between Mr. Campbell and Tri-Echo was a sub-lease.
Harvey v. Bingemans and Waterloo Region Police, 2022 ONSC 3905 (CanLII)[3]
[26] There is a difference between a license and a lease. A license is a permission to use a property. It does not convey a leasehold interest in the land. With a license, one becomes a licensee; with a lease, one becomes a tenant. There are similarities between the rights of tenants and licensees, but they are not the same. The concepts cannot be used interchangeably.
[27] A licensee is permitted to enter onto lands, with the permission or consent of the owner. A license gives the licensee the right to do something on the owner’s property, which the owner could otherwise prevent.
[28] Generally, a lease exists where the owner agrees to turn over exclusive possession of the property to another for a period of time. The conveyance of exclusive possession is an essential characteristic of a lease. A license, on the other hand, is an agreement that gives the licensee permission to use the land only at the owner’s discretion. A license is a revocable privilege.
References
- ↑ 1.0 1.1 Campbell v. 1493951 Ontario Inc., 2020 ONSC 4029 (CanLII), <https://canlii.ca/t/j99fz>, retrieved on 2022-07-27
- ↑ 2.0 2.1 Stoneridge Travel Centre Inc. v. 1079334 Ontario Ltd., 2000 CanLII 27013 (ON CA), <https://canlii.ca/t/234fn>, retrieved on 2022-07-27
- ↑ 3.0 3.1 Harvey v. Bingemans and Waterloo Region Police, 2022 ONSC 3905 (CanLII), <https://canlii.ca/t/jq25b>, retrieved on 2022-07-27
