In Ontario real estate, fixtures are items permanently attached to a property and are automatically included in the sale unless the seller specifically excludes them. Chattels are movable personal property and are not included unless the buyer lists them in the Agreement of Purchase and Sale.
The distinction matters because it determines what stays and what goes when a property changes hands. A built-in dishwasher, a ceiling light wired into the electrical system, or cabinetry fastened to a wall would typically be considered fixtures. A freestanding refrigerator, a microwave sitting on a countertop, or a portable washer plugged into a standard outlet would generally be classified as chattels. The standard OREA Agreement of Purchase and Sale used across Ontario has two dedicated sections that address this directly: one labelled 'Chattels Included' and another labelled 'Fixtures Excluded.' The structure of those headings reflects the default legal position. Fixtures stay unless excluded. Chattels go unless included.
Ontario courts have applied a framework dating back to the 1902 case Stack v. Eaton to assess whether an item is a fixture or chattel. Two primary factors guide the determination: the degree to which the item is attached to the property, and the purpose of that attachment. An item resting on its own weight or simply plugged in is generally presumed to be a chattel, while something affixed even slightly to the structure is presumed to be a fixture. However, these are rebuttable presumptions. Context matters. A heavy custom bookshelf built into a wall recess could be deemed a fixture even without screws, because its purpose is clearly to enhance the property rather than to serve as standalone furniture.
For buyers, the practical takeaway is straightforward: if something in the property matters to you, name it explicitly in the Agreement of Purchase and Sale. Include the make, model, and serial number where possible. For sellers, anything you intend to take with you that could reasonably be considered attached to the property should be listed as a fixture exclusion. Vague descriptions invite disputes after closing. The seller also warrants in the standard OREA form that all included chattels and fixtures will be conveyed free from liens and encumbrances, so accurate disclosure of rental items like hot water tanks is equally important.
When buying a condo in Toronto, the stakes around chattels and fixtures can be significant because units are often sold with appliances that may or may not be included by default. Reviewing this section of the offer carefully, alongside the status certificate, helps avoid unpleasant surprises on closing day.