Acts and Regulations

E-14 - Expropriation Act

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Effect of expropriation on lease
49(1)Subject to subsection (2), where only part of the interest of a lessee is expropriated, the lessee’s obligation to pay rent under the lease shall be abated pro tanto.
49(2)Where all the interest of a lessee in land is expropriated or where part of the lessee’s interest is expropriated and the expropriation renders the remaining part of the lessee’s interest unfit for the purposes of the lease, the lease shall be deemed to be frustrated from the date of the expropriation.
1973, c.6, s.49
Effect of expropriation on lease
49(1)Subject to subsection (2), where only part of the interest of a lessee is expropriated, the lessee’s obligation to pay rent under the lease shall be abated pro tanto.
49(2)Where all the interest of a lessee in land is expropriated or where part of the lessee’s interest is expropriated and the expropriation renders the remaining part of the lessee’s interest unfit for the purposes of the lease, the lease shall be deemed to be frustrated from the date of the expropriation.
1973, c.6, s.49