$15,000 claim over house fixtures ends in $225 order

Precisely what is included in the purchase price?

That question was the crux of a recent provincial court case that centred around a Port Moody house and what did and didn’t count as a household fixture.

Christopher Tilkov and Hannah Robinson bought the Walton Way home with the understanding the property and all included items would be in substantially the same condition as when they toured the house in March 2023.

However, after taking possession in July, they noted several missing items including a dresser, two of the four chairs from an outdoor furniture set, and a wicker sectional, sometimes called a conversation set, capable of seating nine people.

The former owners, Amanda Lewin and Steve Darby, acknowledged removing the items but disagreed those items were part of the property.

Tilkov and Robinson took legal action, filing a notice of claim in September for $15,482.

Lewin and Darby responded with a $4,550 counterclaim – the cost of dealing with the claim including $1,200 for stress and not enjoying a weekend away. However, as the attempt to get compensation for inconvenience never had any prospect of success, the counterclaim was dismissed.

Fixtures and attachments

As the fixtures were included in the purchase of the house, one of the questions before Judge Wilson Lee was whether a dresser counted as a fixture.

Generally, items “not otherwise attached to the land than by their own weight,” aren’t considered fixtures.

As there is no direct evidence the dresser was affixed to the wall, Judge Wilson Lee ruled that, “on the balance of probabilities,” the dresser was not attached and therefore not a fixture.

Regarding the “conversation set,” Lewin testified she had no idea what a conversation set was.

Judge Lee generally concurred, writing that as a term, “conversation set” is vague and, given that uncertainty, Lewin and Darby never agreed to sell the wicker sectional.

To replace the two missing outdoor chairs, Tilkov and Robinson sought the cost of a new patio furniture set: $1,117.

Lee ruled there had been a breach of contract regarding the two missing chairs. However, given their poor condition, the judge determined the value of the chairs was $100.

Lee ordered the property’s previous owners, Lewin and Darby, to pay a total of $225 to Tilkov and Robinson. That sum included the value of the chairs and $125 in court fees.