| |
|
ADMINISTRATIVELY..............1
|
| Administratively , it is interpreted as an arrangement which is not strictly a lease nor a | 1052 |
| |
|
ADMISSION.....................5
|
| licences, such as an admission ticket to see a movie in a theatre or a race in an arena or | 332 |
| That was the case in Wood v. Leadbitter, where the holder of a valid admission ticket to | 414 |
| licensor to have the price of his admission ticket refunded. Despite that remedy, if the licensee | 416 |
| v. Picture Theatres Ltd., the holder of an admission ticket for a theatrical performance | 430 |
| lasts. Or, as in Hurst v. Picture Theatres Ltd., the holder of a movie admission ticket | 472 |
| |
|
ADMITS........................1
|
| General of Canada admits that this concept of licence is not part of Quebec civil law. | 2266 |
| |
|
ADMITTEDLY....................2
|
| French. The coexistence remains peaceful in most cases, but admittedly , in some circumstances, | 80 |
| Admittedly , both contracts give any person other than the owner the right to settle on | 1774 |
| |
|
ADOPT.........................4
|
| have persuaded the court to adopt a different ratio. Of course, the law must be free to | 586 |
| Judge Watson refused to adopt that interpretation, confirmed the Minister's assessment and | 1028 |
| law generally or identifying their civil law equivalent as of trying to adopt a definition of licences | 2584 |
| Revenue Canada to plan and adopt a uniform and equitable approach at the national | 2592 |
| |
|
ADOPTION......................1
|
| was entrusted to the CivilCode Section in following the adoption of the Policy on the | 3166 |
| |
|
ADVANCE.......................2
|
| advance . A lease cannot be granted for an indefinite time, such as for the duration of a war or | 634 |
| orders, to seasonal users or those who have reserved the said wharf in advance ; berths | 1132 |
| |
|
ADVANTAGE.....................5
|
| accessory (art. C.C.Q.). Their principal advantage is that they are enforceable | 1622 |
| advantage of their freedom of contract and insert exemption clauses in the contract to derogate | 1930 |
| advantage of it. From a more practical point of view, it therefore becomes essential for the | 2062 |
| Moreover, the term permission has the advantage of not being a specifically civil law term. It | 2694 |
| authorization. We also feel that the use of this term would have the advantage of | 2698 |
| |
|
ADVANTAGES....................1
|
| advantages , duties, liabilities, losses or the like, connected with it, whether present or future, | 3188 |
| |
|
ADVERSE.......................1
|
| a tenant in the common law in the case of adverse possession. This results, of course, from the | 2182 |
| |
|
ADVERTISING...................1
|
| advertising by means of radio or television or in a newspaper, magazine or other | 932 |
| |
|
ADVICE........................1
|
| much advice and many suggestions. Finally, I would especially like to thank Carmen Crête of | 70 |
| |
|
ADVOCATES.....................1
|
| advocates of the two lines of thought: | 2554 |
| |
|
AFFECT........................2
|
| these major changes in provincial legislation necessarily affect the provisions of federal statutes | 88 |
| property free of any rights that may affect it, since the licensee has no real relationship with the | 1990 |
| |
|
AFFECTED......................2
|
| management of the property and may go onto or into the real property affected by the licence to | 1902 |
| affected by this, as we have seen with the E.T.A. | 2834 |
| |
|
AFFECTING.....................1
|
| simultaneously affecting the same land.; M. Bastarache and A. Boudreau-Ouellet, op. cit., note | 3240 |
| |
|
AFFECTS.......................1
|
| should be noted that a personal servitude is a real right as long as it affects the servient land. | 1680 |
| |
|
AFFREIGHTMENT.................1
|
| Articles et seq. C.C.Q.: sale, gifts, leasing, lease, affreightment , carriage, | 3542 |
| |
|
AGENT.........................1
|
| At an open forum in , the Quebec Department of Revenue, as Revenue Canada's agent for | 1468 |
| |
|
AGENTS........................1
|
| not transferred to the sports teams but clearly remains with the licensor or the licensor's agents . | 2096 |
| |
|
AGREE.........................7
|
| simply a licence to use a pleasure boat on a canal. However, academic commentators agree | 332 |
| nature in which both parties agree to the terms and conditions set out in the agreement | 1434 |
| licence, since a licence is created as soon as the parties agree . | 1816 |
| and in circumstances where the nature of the property so allows, the parties can agree on a | 2152 |
| Academic commentators agree that a lessor who leases the same property to two different | 2158 |
| enjoyment, and exclusive enjoyment, of the object leased. The Court did not agree : | 2230 |
| that, for a lease to be entered into, the parties must agree not only on the price and the | 2364 |
| |
|
AGREEING......................1
|
| for agreeing to be my essay supervisor. I would also like to thank Mathieu Legris of the | 66 |
| |
|
AGREEMENT.....................96
|
| patent licence agreement , which can be defined as an agreement through which the patent | 168 |
| patent licence agreement, which can be defined as an agreement through which the patent | 168 |
| from the circumstances, a verbal agreement or the actions of the parties. In some cases, | 308 |
| where any contractual agreement between the licensee and the licensor provides otherwise. No | 320 |
| be the subject of agreement , but it exists for gratuitous as well as contractual licensees | 502 |
| unless the landlord is exercising limited rights reserved to him by the tenancy agreement | 656 |
| Estates Ltd. v. Crabbe. The Court of Appeal had to rule on the nature of an agreement | 686 |
| the agreement was two years. On the expiry of the term, the club refused to leave the premises, | 688 |
| to see which of the two rights was most dominant under the agreement . Jenkins L.J. explained | 692 |
| appropriate effect, that is to say, it must be treated as a tenancy agreement as distinct | 700 |
| down the trees, all of which were rights and obligations rarely seen in an agreement conferring | 706 |
| on looking beyond the terminology used by the drafter of the agreement . It noted that, despite a | 708 |
| (tenant, landlord, tenancy, to deliver up, etc.), the agreement was nevertheless not a licence: | 710 |
| The agreement must be construed as a whole, and their relationship was determined by the law | 710 |
| considered all of the parties' rights and obligations under the agreement . | 714 |
| determine the nature of an agreement to lease a service station that was accompanied by an | 718 |
| agreement concerning the retail sale of petroleum products and the loan of equipment. The | 718 |
| lessee argued that, notwithstanding the terminology used in the agreement , he was a licensee | 720 |
| products for purposes other than those set out in the agreement , he could well have his rights | 722 |
| In the agreement in the Addiscombe case it was by no means clear until the whole of | 742 |
| the agreement . In the present case it is clear that exclusive possession was granted and | 744 |
| detailed rights and obligations contained in the agreement . | 746 |
| sometimes insufficient to decide the question, a more thorough analysis of the agreement in | 758 |
| the things to which the right applies. Thus, subject to the terms of their agreement , the grantee | 786 |
| agreement . The Crown also reserved the right to terminate the agreement in question if CNR | 828 |
| agreement. The Crown also reserved the right to terminate the agreement in question if CNR | 828 |
| failed to pay. Aside from those circumstances, the agreement was renewable every year until the | 830 |
| CNR argued that the agreement gave it an easement, the servient estate being the drawbridge | 832 |
| their agreement . | 848 |
| until the end of the term unless the bailee acts contrary to the agreement and commits breach of | 858 |
| a transfer of the possession of the property under an agreement to transfer ownership of | 954 |
| contracting party in accordance with the agreement in each case (sale, lease, licence or similar | 974 |
| concluded that he did not have to decide whether the agreement was a lease or a licence but | 1028 |
| purchaser. The right of possession is spelled out in the agreement as an in personam | 1036 |
| use interest free during the existence of the agreement . Although the term rent is never | 1040 |
| real property by way of lease. Moreover, it was established that, under their agreement | 1152 |
| agreement between the parties is contractual but also intuitu personae and that the users | 1174 |
| for supplies the agreement for which was entered into after September , , paragraph | 1200 |
| he should nevertheless have concluded that the agreement provided only for a right to occupy | 1256 |
| guaranteeing specific times and dates for each use of ice time. A week-to-week agreement with | 1264 |
| supplies of real property made by way of licence where the parties' agreement did not confer a | 1284 |
| granted by the parties' agreement . The amendment was thus directed particularly at supplies of | 1294 |
| span covered by the agreement . If, for example, the lease specifies several periods of | 1302 |
| supplies made under an agreement entered into after September , , paragraph (f) | 1322 |
| specifically determine the nature of the agreement involved, most of the interpretation requests | 1356 |
| concerning an agreement between a children's centre and a school board for the use of the | 1360 |
| the premises was taxable because the agreement conferred only a right to use the premises | 1362 |
| nature in which both parties agree to the terms and conditions set out in the agreement | 1434 |
| on the use to which a property may be put. An agreement that imposed such limits | 1446 |
| could still be regarded as a lease, unless the other terms of the agreement clearly | 1446 |
| rights to a third party, except by the express agreement of the licensor. Further, if real | 1452 |
| The following factors are of assistance in characterizing this agreement as a lease or | 1458 |
| assign or sublet and the form of the agreement . | 1460 |
| eliminating any potential questions about whether the agreement between the marina and the | 1520 |
| between the rights and obligations set out in the agreement to be characterized and a contract of | 1534 |
| agreement as a lease and formally expressed its view on how the supply should be treated: | 1536 |
| unquestionably a supply of real property whereby the parties' agreement provides for the | 1544 |
| lessees. The rental is therefore for the season, without interruption. However, can the agreement | 1550 |
| thorough examination of the agreement involved will make it possible to determine whether a | 1686 |
| Under such an agreement , the owner does not intend to bind himself or herself as a lessor but | 1748 |
| them is the precariousness of the agreement , which is closely tied to the property owner's right | 1768 |
| the agreement and not its nature, meaning that the contract remains a lease. Thus, the | 1770 |
| enjoyment of the thing being rented is the factor that will reveal the true nature of the agreement : | 1772 |
| contract cannot be considered a lease and becomes a precarious occupation agreement . There | 1784 |
| whether private or hotel property, is characterized as a precarious occupation agreement in | 1790 |
| merchant was occupying the premises under a mere precarious occupation agreement . In | 1794 |
| to his or her agreement with the licensor. A licence remains a strictly personal right that is not | 1862 |
| parties in their agreement but rather the legal reality they were trying to express. Thus, the true | 1980 |
| contractual clause before ruling on the nature of the parties' agreement : | 2072 |
| lessor to provide the lessee, in all circumstances and regardless of their agreement , with | 2122 |
| determine the nature of an agreement governing the rights and obligations of the ski school and | 2208 |
| resort argued that the agreement was not a lease of an immovable but rather an innominate | 2210 |
| concluded that the original agreement between Snowlarks and Mont-Gabriel Lodge | 2234 |
| that, except in residential lease contracts, the parties can draw up the terms of their agreement | 2286 |
| except where the parties decide otherwise by agreement . It should be noted immediately that, in | 2298 |
| parties and, if an agreement is silent in this regard, the licence always ends with the death of the | 2382 |
| will be a central factor in interpreting the agreement in so far as only it will be able to show that | 2386 |
| agreement between the marina and the users of the mooring pontoons? Unfortunately, since we | 2388 |
| Québec concerning public order (art. C.C.Q.). Thus, an agreement that would be a | 2402 |
| as an innominate contract. As we said when looking at nominate contracts, an agreement that | 2404 |
| contract should therefore be based on the substance and not the form of the agreement . Thus, | 2444 |
| Department of Revenue characterized the agreement using the above-mentioned rule of | 2488 |
| similar arrangement, an agreement that would be a licence in the common law but an | 2512 |
| arrangement. The tax authorities' interpretation of these terms clearly shows that an agreement | 2514 |
| would arise not only in the case of an agreement conferring continuous possession or use of | 2526 |
| exempt lease in Quebec, but also in the case of such an agreement that is a taxable licence in the | 2528 |
| Thus, an agreement that would be characterized as a licence in the common law provinces can | 2678 |
| determine the nature of the agreement in Quebec civil law. | 2680 |
| agreement and the parties' intention. Those elements will make it possible to determine whether | 2788 |
| whether the agreement is an innominate contract that contains all the elements of a licence as set | 2790 |
| we prevent an agreement that is basically a licence and not a lease in the common law from | 2798 |
| All E.R. (P.C.), in which Lord Davey refused to consider the parties' agreement a licence | 3360 |
| property under the terms of the agreement and not the term of the agreement . . ., supra, note | 3478 |
| property under the terms of the agreement and not the term of the agreement . . ., supra, note | 3478 |
| The precarious occupation agreement does not appear anywhere in the nominate | 3552 |
| facts surrounding the creation of this last agreement with the facts in Booker v. Palmer, supra, | 3562 |