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Two routes to rent recovery

Thursday, April 23, 2015 @ 8:00 PM | By Mario Rubio

A decision by the British Columbia Court of Appeal serves as an important reminder that landlords must choose carefully when determining which course of action to pursue against a defaulting tenant. The BCCA confirmed that distress and termination are mutually exclusive remedies, and held that a landlord who elects to levy distress for a particular breach of a lease irrevocably waives their right to subsequently terminate the lease for the same breach.

In Delane Industry Co. Ltd. v. PCI Properties Corp. [2013] B.C.J. No. 1704, a...