Leases That’s simple enough advice. It’s easy to follow. And, no one gets hurt. So, what’s the problem? No one wants to do it. It’s too costly, it’s too time …
“As is, where is” ~ What’s that?
Everybody I know seems to understand just exactly what this means. Myself, I really don’t have any idea, but “they” all seem to know. My only problem is that everyone …
Legal Issues Related to Improvements
There are indeed some very significant issues related to the determination of whether a chattel has become so affixed to the realty that it is no longer a chattel but …
Leased Heating Equipment: Chattel or Fixture?
The Ontario Court of Appeal quoted with approval a decision of the House of Lords (Melluish). In this case, a company leased plant and machinery (including central heating equipment) to …
Omission Obligation Not Expanded by Court of Appeal
The Ontario Court of Appeal had to consider the application of the Supreme Court of Canada’s decision in Callow v.Zollinger in its case Greta Energy Inc. v. Pembina Pipeline Corporation …
Does Punctuation Count in Real Estate?
If you were to audit a first year university course the day before an exam, one of the first questions you’d hear would be “does spelling count”, closely followed by …
You Might Need a Non-Canadian Acknowledgement for Your Form 127
The Federal Government has brought into force the “Prohibition on the Purchase of Residential Property by Non-Canadians Act”. For a two year period commencing 1 January 2023, a Non-Canadian will …
Threatened Cancellation of Contract By Buyer Failing to deliver the Deposit
Question:I am the Listing agent acting on behalf of my client who is selling his condominium. I sold the condo conditional on Status and Finance yesterday. In fact, there were …
Basic Common Law Rules For Chattels and Fixtures
The basic common law rules utilized to determine if an item is a fixture were set out in the Ontario case, Stack v. Eaton (1902) 4 OLR 335 (O.C.A.) as follows: “(1) …
Unaffixed and Unattached Fixtures
Remember the basic rules for fixtures and chattels: 1) if the item is not attached, it is presumed to be a chattel, 2) if the item is attached, it is …