Is mutual mistake not fatal to a claim for possessory title?
Ontario, Canada
The following excerpt is from Carrozzi v. Guo, 2002 CanLII 42513 (ON SC):
I cannot agree that mutual mistake will preclude the application of this part of the test. I follow the reasoning of Moldaver, J. in Uxbridge, supra, where he agreed with the principle enunciated by Blair J., in Beaudoin v. Aubin, supra, that evidence of mutual mistake is not only not fatal to a claim for possessory title, but that "such evidence is both relevant and material on the issue of intent. Indeed, it may, in the absence of evidence to the contrary, be sufficient to establish the requisite intent".
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