What is the test for obtaining express consent for the sale of a cricket pitch?

British Columbia, Canada


The following excerpt is from Gibbs v. Carpenter, 2013 BCSC 763 (CanLII):

I find this case turns on whether there was express consent. Express consent is given “when possession was acquired as the result of the free exercise of the owner’s will”: Barreiro v. Arana, 2003 BCCA 58 at para. 16.

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