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Brian Madigan LL.B., Broker

RE/MAX West Realty Inc.,
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 

Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Posts filed under: Chattels and Fixtures

Trailer as a Deck: Chattel or Fixture?

July 23, 2019 - Updated: July 23, 2019Chattels and Fixtures

The Trailer as a Deck: Chattel or Fixture? You will want to have a careful look at this picture. There’s a structure, ...

Tagged with: trailer deck chattel fixture tests ontario law

Sellers Should Check Condition of Chattels Before Closing

November 17, 2018 - Updated: November 17, 2018Chattels and Fixtures

Sellers Should Check Chattels Before Closing This makes good sense, but it is a step which is skipped in most cases. The Sellers are so ...

Tagged with: chattels operation working order condition proof evidence video ontario law

15 Rules for Chattels and Fixtures

September 16, 2018 - Updated: September 16, 2018Chattels and Fixtures

The 15 Rules for Chattels and Fixtures Is it a chattel or a fixture? For both real estate agents and lawyers, this is often a puzzling q ...

Tagged with: chattels fixtures 15 rules legal tests ontario law

Who Repairs the Wall when Pictures are Removed?

December 11, 2016 - Updated: December 11, 2016Chattels and Fixtures

Who Repairs the Wall when Pictures are Removed? In this situation we will assume an Agreement of Purchase and Sale which is silent on ...

Tagged with: picture hooks damage removal repair restoration chattels fixtures ontario law

Bathroom Mirrors: Some Different Kinds, Some Chattels, Some Fixtures

November 7, 2016 - Updated: November 7, 2016Chattels and Fixtures

Bathroom mirrors are difficult to figure out. They should all be addressed in the Agreement of Purchase and Sale, individually. ...

Tagged with: bathroom mirrors chattels fixtures

Bathroom Mirrors - Are they Included?

November 4, 2016 - Updated: November 4, 2016Chattels and Fixtures

Bathroom Mirrors - Are they Included? Interesting question! Actually, they do fall close to the gray area. The answer is: sometimes &l ...

Tagged with: mirrors bathroom fixtures chattels determination agreement ontario law

Chattels Clause in the Agreement

April 11, 2016 - Updated: April 11, 2016Chattels and Fixtures

Chattels Clause in the Agreement One of the clauses that often gives rise to issues in the Agreement of Purchase and Sale, is the Chat ...

Tagged with: chattels fixtures liens encumbrances mortgages claims ontario law

The Hot Tub Sitting on Top of Patio Stones: A Fixture or a Chattel?

February 16, 2016 - Updated: February 16, 2016Chattels and Fixtures

Hot Tub Sitting on Top of Patio Stones: A Fixture or a Chattel? We just looked at two types of hot tubs: One embedded in ...

Tagged with: hot tub sitting on patio stones grey area fixture chattel ontario law

Portable Hot Tub: This one is a Chattel

February 15, 2016 - Updated: February 15, 2016Chattels and Fixtures

The Hot Tub: This one is a Chattel? We concluded that a hot tub which was embedded in an outdoor wooden deck was a fixture and should ...

Tagged with: portable hot tub chattel fixture rules ontario law

Is a Hot Tub Embedded in a Deck a Fixture?

February 15, 2016 - Updated: February 15, 2016Chattels and Fixtures

The Hot Tub: A Fixture or a Chattel? An interesting issue arose recently as to whether a hot tub should be included or excluded from a ...

Tagged with: hot tub embedded in deck chattel fixture ontario law

Is a Lease a Chattel or a Fixture?

January 31, 2016 - Updated: January 31, 2016Chattels and Fixtures

Is a Lease a Chattel or a Fixture? Question: Is a Lease a Chattel or a Fixture? Answer: Quite clea ...

Tagged with: lease chattel fixture chattel real chattel personal ontario law

Remedies if the Central Vacuum System Doesn't Work

January 25, 2016 - Updated: January 25, 2016Chattels and Fixtures

Central Vacuum System in Disrepair (Remedies) Question: An Agreement of Purchase and Sale contains the following warranty: ...

Tagged with: dishwasher appliance not working closing warranty for chattels fixture ontario law

Chattels and Fixtures - Do You know the Difference?

January 18, 2016 - Updated: January 18, 2016Chattels and Fixtures

Chattels and Fixtures The law is quite clear on this. You can take a chattel with you when you move (furniture), and you have to leave ...

Tagged with: chattels fixtures attachment. annexation legal rules law ontario

Chattels Clause:

September 3, 2015 - Updated: October 8, 2016Chattels and Fixtures

What’s Wrong with the “Good Working Order” Clause (Chattels)? A fairly standard and regular clause that has been use ...

Tagged with: chattels clause good working order problems interpretation ontario law

The Self-Destructing Warranty

September 1, 2015Chattels and Fixtures

The Warranty That’s Over Before It Starts Now, that would be the kind of warranty you should give, but if you are on the receivi ...

Tagged with: chattels warranty mergers expires not survive closing no warranty ontario law

Using the Right Warranty Clause for Chattels

August 31, 2015 - Updated: August 31, 2015Chattels and Fixtures

Chattels Condition Clauses One of the problems using precedents is the fact that there is often “one stop shopping”, or &l ...

Tagged with: chattles warranty limited restricted clause ontario law

Dishwashers ~ Now there are Roll-ins

April 6, 2015 - Updated: April 6, 2015Chattels and Fixtures

A Built-in Dishwasher (or a Roll-in) I was unaware that dishwashers have changed somewhat over the last decade. Here are a f ...

Tagged with: dishwasher built-in roll-in chattel fixture ontario law

Chattels or Fixtures?

March 14, 2014 - Updated: March 14, 2014Chattels and Fixtures

How to Determine the Difference ~ Chattels or Fixtures? That’s an interesting question when it comes to real estate. B ...

Tagged with: chattels fixtures ontario law analysis tests rules

What Happens to the Fridge Left Behind by the Seller?

November 13, 2013 - Updated: November 19, 2016Chattels and Fixtures

Question: What happens to a refrigerator the seller leaves in the house? We recently represented a buyer and after they closed on a ho ...

Tagged with: objects items chattels personal property left after closing sellers property bailment ontario law

Can the Vendor Switch Appliances after the Sale?

August 13, 2013 - Updated: August 13, 2013Chattels and Fixtures

Judy was a little disappointed to find Harvest Gold appliances in the kitchen. She was absolutely sure that the appliances she bought with the h ...

Tagged with: appliances included seller switch ontario law. orea form 100 chattels

Intention Counts When it comes to FIXTURES

July 17, 2013 - Updated: July 17, 2013Chattels and Fixtures

Chattels and Fixtures ~ The Conversion Process creating a fixture The key concept in the chattel-fixture debate i ...

Tagged with: chattel fixture conversion annexation law ontario

6 More Rules to Assist in the Chattel-Fixture Determination

July 16, 2013 - Updated: July 16, 2013Chattels and Fixtures

While the basic principles of the legal test were set out in Stack v. T. Eaton (1902), almost one century passed, before some further principles ...

Tagged with: chattel fixture 6 rules law ontario

Chattels and Fixtures ~ The 9 Rules (Legal Test)

July 15, 2013 - Updated: July 15, 2013Chattels and Fixtures

The most often quoted case dealing with the law of Fixtures in Ontario is the 1902 case of Stack v. T. Eaton Co. Here is the test (in the wo ...

Tagged with: chattels fixtures 9 rules legal test distinction

Chattels and Fixtures ~ How do You Tell the Difference?

July 11, 2013 - Updated: July 11, 2013Chattels and Fixtures

Recently, a buyer was concerned about an upcoming closing and was somewhat worried that the vendor was planning to take the garden shed with him ...

Tagged with: chattels fixtures garden shed rules ontario law

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

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