The City of Greater Sudbury brought an application for declarations that three structures on a property vested in the City due to tax arrears were fixtures forming part of the land.
The respondent, who operated a business on the property, argued the structures were chattels that it was entitled to remove.
The court applied the test for distinguishing chattels and fixtures, finding that the structures were affixed to the land, intended for the beneficial use of the land, and could not be easily dismantled and relocated.
The court declared the structures to be part of the land owned by the City and granted a permanent injunction preventing their removal.
