What factors will be considered in determining whether equipment is a "chattel" for a mortgagee?
Saskatchewan, Canada
The following excerpt is from Dolan v. Bank of Montreal, 1984 CanLII 2455 (SK QB):
An additional factor to be considered was also referred to in Reynolds v. Ashby & Son, [1904] A.C. 466, namely, the positions of the rival claimants to the property alleged to be a chattel. In that case the dispute was between the vendor of equipment pursuant to a hire/purchase agreement and the assignee of a mortgagee of the real property. Some concern was expressed that if the equipment should be held to be affixed to the real property the real property mortgagee would be obtaining title to equipment without paying anything therefor. It was nevertheless concluded that the equipment formed part of the realty.
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