Washer and Dryer Missing on Closing Question: I acted for a Buyer client. It closed today. Buyer gets keys and washer/dryer are missing. I put the following in included Chattels …
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 …
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 …
Affixed and Attached Chattels
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 …
Swimming Pool Liability
A Court imposed liability upon a swimming pool installer for improper advice. A mother who was the owner of an above ground pool acquired a slide from a private individual. …
Responsibility for the Missing Dishwasher
Here is a question that arises about once every two weeks: If the agent fails to include the dishwasher in the Agreement of Purchase and Sale, but told the buyer …
Ownership of Leasehold Improvements
There are some basic common law principles relating to ownership of leasehold improvements: · “Whatever is fixed to the freehold of land becomes part of it” · buildings constructed and …
The Building is a Fixture: No Municipal Taxes!
The Greater Toronto Airports Authority constructed a building at the Toronto International Airport known as “Pearson” which happens to be physically located in Mississauga. The federal government owns the lands. …