What is the test for an intention to abandon a property?

Saskatchewan, Canada


The following excerpt is from Jackson v. Boyd, 2009 SKPC 99 (CanLII):

In Stewart v. Gustafson[3], Klebuc J. (as he then was) quotes at para. 17: The authorities reviewed suggest that the following factors in the appropriate factual context support an inference of intention to abandon: (1) passage of time; (2) nature of the transaction; and (3) the owner’s conduct. I am of the view the nature and value of the property also may be an indicator of intent.

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