North West Trust Co. v. Rezyn Developments Inc. et al., (1991) 1 B.C.A.C. 219 (CA)

• Judge: Toy, Southin and Proudfoot, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: May 21, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 219 (CA)

North West Trust v. Rezyn Dev. Inc. (1991), 1 B.C.A.C. 219 (CA);

    1 W.A.C. 219

MLB headnote and full text

North West Trust Company (petitioner/respondent) v. Rezyn Developments Inc. (respondent/appellant)  and James Theodore Tronson, Elsie Tronson, Ross Logan Rex, The Royal Bank of Canada, Ross McCallum Rex, Sandcastle Recreation Centre Ltd. (respondents)

(VI01204)

Indexed As: North West Trust Co. v. Rezyn Developments Inc. et al.

British Columbia Court of Appeal

Toy, Southin and  Proudfoot, JJ.A.

June 14, 1991.

Summary:

Rezyn Developments operated bowling lanes. North West Trust held the mortgage on the property. Rezyn Developments defaulted on the mortgage. North West Trust commenced foreclosure proceedings. The trial judge ruled that the bowling lanes and associated equipment were fixtures and therefore subject to the mortgage. Rezyn Developments appealed.

The British Columbia Court of Appeal dismissed the appeal.

Mortgages - Topic 1405

The mortgage - Property mortgaged - Fixtures - Rezyn operated bowling lanes - North held the mortgage on the property - The mortgage provided that the machinery, plant and all apparatus and equipment apparatus thereto installed on the premises were declared and deemed to be fixtures - The British Columbia Court of Appeal held that the bowling lanes and equipment were fixtures within the meaning of the mortgage.

Cases Noticed:

La Salle Recreations Ltd. v. Canadian Camdex Investments Ltd. et al. (1969), 4 D.L.R.(3d) 549 (B.C.C.A.), refd to. [para. 20].

Re Davis, [1954] O.W.N. 187, refd to. [para. 24].

Counsel:

J.M. Moshonas, for Rezyn Developments Inc.;

   R.A. Millar, for North West Trust Co.

This appeal was heard in Vancouver, B.C., on May 21, 1991, before Toy, Southin and Proudfoot, JJ.A., of the British Columbia Court of Appeal. The following decision was delivered for the court by Proudfoot, J.A., on June 14, 1991.