Can a party who is not a registered owner of a property be evicted on the basis of trespass?
Ontario, Canada
The following excerpt is from Souleiman v. Yuusuf, 2021 ONSC 6994 (CanLII):
On similar facts the court in Lewis v. Oriji, 2009 CarswellOnt297 (S.C.J.) dismissed a registered owner’s request to evict the non-registered owner on the basis of trespass. The non-registered owner was asserting a constructive trust claim that if successful at trial could result in the declaration of an ownership interest, and as an owner, the respondent could not be found to have been trespassing.
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