In a recent decision from the BC Court of Appeal, the court once again had to struggle with the often difficult issue of what is a “chattel” and what becomes a “fixture” during the course of a commercial tenancy. In the result, the court confirmed that the test of a chattel v. fixture is not a subjective one, but rather is objective. Accordingly, although parties to a commercial lease may be able to agree on what can or cannot be removed from the leased premises at the end of the lease, that will not be determinative of the rights of others, including, for example, assignees.
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- Partner
Mike’s main area of focus is commercial litigation with an emphasis on all types of construction disputes, including delay claims, building defect claims, cost overruns, consultant liability, and surety claims. A particular ...
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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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