Is there any evidence that a loss of fixtures in a home is not a result of loss of value?
British Columbia, Canada
The following excerpt is from Tyk v Graham, 2017 BCSC 920 (CanLII):
The defendants rely on Kusumoto v. Marquess Financial Corporation, 2011 BCSC 1061. In that case, the plaintiff purchased property in a foreclosure proceeding. After the plaintiff took possession he noticed that certain fixtures had gone missing.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a presumption of resulting trust where the evidence establishes that the transferee gave value for the transfer? (British Columbia, Canada)
Does a subsequent declaration of invalid warrant result in the exclusion of evidence obtained as a result of the execution of a search warrant? (British Columbia, Canada)
Is there any evidence that the claimant has ever missed promotion or opportunity for further training as a result of her role as principal caregiver for the parties' children? (British Columbia, Canada)
How has the court determined that the value of a parcel of land has been reduced or diminished in value due to trespass? (British Columbia, Canada)
What is the test for the presumption of resulting trust in a purchase money resulting trust? (British Columbia, Canada)
What is the case law on value received and value survived? (British Columbia, Canada)
Is a plaintiff required to lead expert evidence to overcome a no evidence motion? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
Can a party who has not produced evidence in favour of their position, or has no reasonable explanation for failing to call the evidence? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
