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  • fixtures accounts for 2 out of 811 casebriefs.

Style of causeRatio

Diamond Neon (Manufacturing) v Toronto-Dominion Realty, [1976] 4 WWR 664 (BC CA.)

An article is a fixture unless expressly excluded from a sale; tenants must convert fixtures to chattels for removal on a timely basis.

The court followed the La Salle test to determine whether an object is a fixture or chattel:
** 1. Is the item resting on its own weight? If so, leads to a presumption that the object is chattel;
** 2. What is the degree of annexation? The stronger the attachment, the greater the presumption that the object is a fixture.
** 3. What is the purpose of annexation? If the object has been affixed for the better use of the chattel, then it strengthens the presumption that it is a chattel. If the object has been affixed for the better use of the land, then it strengthens the presumption that it is a fixture.

The court also noted that if an item is decorative, it strengthens the presumption that the object is chattel.

La Salle Recreations Ltd v Canadian Camdex Investments Ltd (1969), 4 DLR (3d) 549 (BC CA)

The test to determine whether an object is a fixture or chattel:
** 1. Is the item resting on its own weight? If so, leads to a presumption that the object is chattel;
** 2. What is the degree of annexation? The stronger the attachment, the greater the presumption that the object is a fixture.
** 3. What is the purpose of annexation? If the object has been affixed for the better use of the chattel, then it strengthens the presumption that it is a chattel. If the object has been affixed for the better use of the land, then it strengthens the presumption that it is a fixture.