Stack v T Eaton Co (1902) 4 OLR 335
In this case it was held that articles not otherwise attached to the land than by their own weight are not to be considered as part of the land, unless the circumstances are such as that they were intended to be part of the land.
5 Rules were outlined -
(i) articles attached only by weight are not fixtures, unless intention or purpose indicates otherwise;
(ii) annexation favors the determination that an item is a fixture;
(iii) degree and object of the annexation may patently show the change in the nature of a chattel;
(iv) intention is important where it flows from and
(v) the tenant has a right to remove ‘trade fixtures’.
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