Wolfgang Kaufman

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.

The plaintiff, 8174709 Canada Inc., brought a motion for partial summary judgment against the defendant, CBV Collection Services Ltd., for outstanding rent on a commercial lease.

The defendant brought a cross-motion to strike portions of an affidavit based on settlement privilege.

The court dismissed the plaintiff's motion for summary judgment, finding it was not an appropriate case for partial summary judgment due to genuine issues requiring a trial regarding the existence of a binding lease and breach of agreements.

The defendant's cross-motion was also dismissed without prejudice.