Facts: Carlson Estate v. Berry involves a dispute over the validity of a 99-year lease agreement related to a cabin on two adjacent lots. The parties contested whether the 99-year lease from 1978 or a subsequent lease from 1999 was the governing agreement. The estate of Winnifred Margaret Carlson and its executors sought to invalidate the 99-year lease, while Melvyn Berry aimed to uphold it.

Issue: The central legal issue was the validity of the 99-year lease versus the later lease agreements, within the context of The Planning Act and the law of novation. The court needed to determine which lease was enforceable and governed the parties' rights and obligations.

Court’s Ruling: The Court of King's Bench of Manitoba ruled that the 99-year lease was invalid due to non-compliance with The Planning Act as it effectively resulted in an unapproved subdivision of the property. Subsequent leases were recognized as valid, with the last 21-year lease expiring in 2020.

Costs/Damages: Melvyn Berry was ordered to vacate the lots and pay damages to the estate of Winnifred Carlson for the period of occupation beyond the lease's expiry. The damages were calculated at $1,500 per lot per year, totaling $8,250 for 33 months of unpaid rent from July 2020 to March 2023, with additional damages accruing at $250 per month until vacating the lots.