Does the fact that a tenant never raised the issue of their possessory claim until 1991 affect the validity of the claim?

Ontario, Canada


The following excerpt is from Corkery v. Moffitt, 2022 ONSC 105 (CanLII):

In Metzger Estate v. Gardiner (2000), 34 R.P.R. (3d) 79, the court considered the fact that the tenants never raised the issue of their possessory claim until 1991 to conclude that they never believed that the land was their own (at para. 47).

In Meconi v. Crichton (2000), 35 R.P.R. (3d) 12, the court found that the plaintiff did not take any steps to locate the property line. The use of a string between two stakes was used to plant trees in a straight line and had nothing to do with the lot line (at para. 23). An honest belief must be based on fact or logic. The court noted that there was a surveyor’s iron bar near the plaintiff’s house and a stake or iron bar at the rear of the property. As such, the plaintiff could have located the lot line had they made the effort (at para. 24). The court also considered the plaintiff’s inaction when their neighbour sold the lot and when the new owners erected a fence (at para. 27).

Other Questions


Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Does a tenant have jurisdiction to claim damages to the premises after the tenant vacates the premises? (Ontario, Canada)
Does the requirement that the Class Members raise common issues become entwined with the requirement of 5(1)(d) that a class proceeding would be a preferable procedure for resolution of the common issues? (Ontario, Canada)
What is the test for using the term issue "issue" in the context of the issue? (Ontario, Canada)
Is a defence that only challenges the validity of a claim a new step requiring leave to strike the claim? (Ontario, Canada)
Is a claim by a plaintiff that she is unable to work due to medical issues valid? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
In what circumstances will a tenant be able to bring a claim against his landlord alleging abuse of process? (Ontario, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.