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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