A property is sold and then a property tax refund is made -- who gets the refund? The vendor

80 Mornelle Properties Inc. v. Malla Properties Ltd., 2010 ONCA 850

The owner of an apartment building in Toronto appealed the property's tax assessment. It then sold the property. The City reassessed the property and issued a property tax refund, largely for the period during which the vendor owned the property. Who is entitled to the refund – the vendor or the purchaser?

The vendor.

The Court writes:

[22] Choses in action are intangible personal property rights enforceable by legal action. As an intangible personal property right that belonged to the Vendor, it could only have been assigned to the Purchaser by valid legal or equitable assignment. For legal assignment to occur, the Vendor would have had to expressly assign the right to the Purchaser, in writing.[3] No question of an equitable assignment arises on the facts of this case as there was no evidence of an intention to assign the chose in action.