What is the test for obtaining a Quieting Titles Certificate?

Prince Edward Island, Canada


The following excerpt is from Brown Quieting of Titles, 2022 PESC 14 (CanLII):

Due to its far-reaching consequences this court has held in Charlottetown Area Development Corporation v. Tweel, …that a judge should not exercise his discretion to grant a certificate under the Quieting Titles Act unless the applicant has established, by proof going beyond a mere balance of probabilities, that his claim to the lands is indefeasible. An indefeasible possessory title can be demonstrated by the applicant proving he has possession and that the legal owner has lost the right to eject him. (my emphasis)

Other Questions


What is the test for obtaining express consent in a medical malpractice case? (Prince Edward Island, Canada)
What is the test for determining liability for failure to obtain informed consent in a medical malpractice case? (Prince Edward Island, Canada)
Can a third party obtain confidential information from a public body without the consent of the government? (Prince Edward Island, Canada)
What is the test for obtaining relief under s. 24 of the Charter? (Prince Edward Island, Canada)
What are the consequences of a motor vehicle accident where the motor vehicle driver loses the right to sue for damages? (Prince Edward Island, Canada)
What is the effect of the draft audit on CASP's Master Plan? (Prince Edward Island, Canada)
Is a motion for costs payable to the successful party by the unsuccessful party? (Prince Edward Island, Canada)
What is the impact of a long-term partner on the economic well-being of his or her spouse? (Prince Edward Island, Canada)
Does the court have a duty to look behind the corporate structure and ignore it if it is being used for fraudulent purposes or as a puppet to a third party? (Prince Edward Island, Canada)
How have the courts in the US considered the meaning of the word "legacy" in the context of a statute of limitation? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.