The applicant, BRL Realty Limited, sought a declaration that its agreement to sell an office building, characterized as a chattel, to Equinix Canada Ltd. did not contravene the subdivision control provisions of the Planning Act.
The court dismissed the application, holding that despite the parties' contractual characterization, the building remained a fixture and thus "land" for the purposes of the Act.
Consequently, the proposed transfer and resulting severance from the remainder of the subject lands would contravene s. 50(5) of the Planning Act.
