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Fish in a Blocked Pond (Ontario)

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)
  • Fish swimming in a blocked, contained pond on the property

    In this situation, the more modern laws treat these fish as chattels. They could be subject to a chattel mortgage. However, this line of cases all deal with business operations, so by and large this approach makes sense.

    Have a look at the case of Canada (Attorney General) v. Canadian Sturgeon Conservation Center Ltd., 2005 (New Brunswick) where live fish were considered to be chattels for the purposes of bailment, liens, taxes and the enforcement of penalties.
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