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ARTICLE · 12 OCTOBER 2015

Agricultural Law NetLetter - Wednesday, October 7, 2015 - Issue 333

Miller Thomson
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The British Columbia Court of Appeal has summarized the law of British Columbia regarding fixtures in a case concerning blueberry bushes which had been planted by former tenants, and which had been allegedly converted by a landlord contrary to the provisions of a lease which had been surrendered.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS **

  • The British Columbia Court of Appeal has summarized the law of British Columbia regarding fixtures in a case concerning blueberry bushes which had been planted by former tenants, and which had been allegedly converted by a landlord contrary to the provisions of a lease which had been surrendered. The Court concluded the subjective intentions of the parties as expressed in the lease was not relevant. In determining whether property is a fixture, the intention of the parties must be considered objectively. The blueberry bushes were clearly affixed with the land with the objective intent that the plants could yield marketable crops. Notwithstanding the terms of the Lease, they were fixtures. The former tenants did not have a claim for breach of the lease as their lease had been surrendered and their rights had been transferred to a new tenant who entered into the new lease with the landlord. Only the new tenant could sue for damages. (Scott

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