Bing Kee and Lung Chung v. Yick Chong

Bing Kee and Lung Chung v. Yick Chong

The appellants failed to discharge the onus of proving the building was intended to become part of the freehold; absent sufficient evidence of annexation or intention, the structure could not be treated as part of the land and the appeal must be dismissed.

Citation
(1910) 43 SCR 334
Parties
Plaintiff; Appellant: Bing Kee; Plaintiff; Appellant: Lung Chung; Defendant; Respondent: Yick Chong
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1910
Procedural Posture
Appeal (civil Fixtures/lease) / On Appeal From Supreme Court of British Columbia; Judgment on Stated Case and View
Outcome
Appeal dismissed with costs
Legal Topics
Annexation, Intention to Annex, Onus of Proof, Lease
Source Language
English
Property Landlord and Tenant Fixtures Annexation Intention to Annex Onus of Proof Lease

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bing Kee

Plaintiff; Appellant

Lung Chung

Plaintiff; Appellant

Yick Chong

Defendant; Respondent

Procedural Posture

Appeal (civil Fixtures/lease) / On Appeal From Supreme Court of British Columbia; Judgment on Stated Case and View

Legal Issues

  1. 1 Whether a building erected by a tenant on leased land is a fixture or a chattel
  2. 2 Which party bears the onus to prove an intention that a structure becomes part of the freehold
  3. 3 Whether the degree of annexation and the object of annexation support classification as fixture

Ratio Decidendi

The appellants failed to discharge the onus of proving the building was intended to become part of the freehold; absent sufficient evidence of annexation or intention, the structure could not be treated as part of the land and the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs