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Facts from Phone Call between Senior Business Associate and Ms. Danica Singh: In September 2017, Danica Singh opened One & Lonely (O&L), a bar on

Facts from Phone Call between Senior Business Associate and Ms. Danica Singh:

In September 2017, Danica Singh opened One & Lonely ("O&L"), a bar on King Street West. In its first years, O&L was a quiet spot for neighbourhood residents and had a steady stream of regulars. It is the only business in a small building that Danica owned. Danica is also an artist. Danica uses found objects such as glass, tiles, buttons, scrap metal, shells and animal bones to render large murals. Some of these murals have been displayed on the sides of buildings or other self-built prop structures.

Danica's most famous piece is called "Z", which she created in 2019. "Z" is a 4.2m 2.9m mural of tiles and glass on canvas, which are arranged to form recognizable people. In "Z", Danica reimagines past and present world leaders - Abraham Lincoln, Nelson Mandela, Angela Merkel, Justin Trudeau, Ellen Johnson Sirleaf and Barack Obama, among others - as "hipsters". "Z" required countless hours to conceptualize and sketch, and at least 200 hours of tedious work to assemble, glue and paint. To display "Z" Danica drilled holes and fitted industrial anchors into one of O&L's walls.

She then bolted the wood frame into the anchors and affixed "Z"'s canvas onto the frame with an epoxy. Danica is considered to be the sole owner of "Z". After Danica completed "Z", the mural was featured on O&L's Instagram and in blogTO, Toronto Life, and various other publications. Due to the famous mural, O&L became a hot spot for a diverse crowd. In June 2024, Danica complained to her friend, Celine Hsu, that owning such a popular bar was taking time away from her art. Celine offered to buy O&L and the building it was in, and Danica readily agreed. They drew up a sale contract and hired a real estate lawyer to handle the closing and related details.

The sale was completed in August 2024. There is no mortgage in respect of the sale of the property. After the closing, Celine visited O&L and was shocked to discover that Danica had removed the entire mural from the wall by unfastening the bolts that held it in place. Because removing the bolts destroyed the wall, Danica also repaired, sanded and repainted the wall. Celine called Danica and demanded that she return "Z" because it was a fixture and part of the sale.

Celine knows the work is why most people come to the bar. Danica has adamantly refused, claiming the mural was hers to take away. Although there was no issue with the closing, the contract does not mention "Z" or make any provision for fixtures and chattels. Celine, furious at Danica's refusal, hired another artist, Samantha ("Sammi") Fenton - who happens to be a regular at O&L - to repaint Danica's entire mural on the same wall. Although the artist is not using the same found objects as in Danica's mural, she has rendered "Z" from memory and photos in oil paint on the wall where it used to be. Danica seeks our advice on whether she is going to have to return the art because of the sale of the property and if she does, whether she might have a claim against anyone, specifically either or both of the new owner, Celine, and the painter, Sammi. We need to understand Danica's rights and obligations, including any statutory rights that might flow from the transaction or the copying of the mural. Please be sure to have a look at the Conveyancing and Law of Property Act and the Copyright Act. Answer according to Canadian law

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