Likely because the application of the law is uncertain, commercial leases generally have detailed clauses dealing with the question of when a piece of equipment or an improvement installed in a premises becomes a fixture or remains a chattel. The answer matters as fixtures, in law, are considered to be part of the land and, at the end of a lease, ordinarily would revert to the ...
Last year I blogged about a Nanaimo commercial tenant who defeated her landlord’s claim for unpaid rent on the grounds the lease had been fundamentally breached as a result of a pervasive odour. Neither the landlord, nor the tenant could find the source of the smell though it was related to the HVAC system. The odour was adversely affecting the tenant’s retail clothing ...
It is common for someone writing a will to appoint as their executor a family member or friend. Sometimes this is done without understanding what it means to be an executor. Sometimes the ability and propriety of the proposed executor is not considered. Often, the relationship between the proposed executor and the will-maker changes after the will has been written. ...
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