What is the test for good faith reliance on boundary errors?

Ontario, Canada


The following excerpt is from Jamnisek v. The Estate of Gordan A. Wyant, 2021 ONSC 66 (CanLII):

As Laskin, J.A. explained in Teis v. Ancaster (Town), at para. 27: The law should protect good faith reliance on boundary errors or at least the settled expectations of innocent adverse possessors who have acted on the assumption that their occupation will not be disturbed. Conversely, the law has always been less generous when a knowing trespasser seeks its aid to dispossess the rightful owner.

Other Questions


What are the principles of good faith and good faith in the context of a wrongful dismissal? (Ontario, Canada)
Is an error in judgment not a professional fault but an honest error in an honest exercise of clinical judgment? (Ontario, Canada)
Does reliance on advice from a lawyer constitute officially induced error of law? (Ontario, Canada)
Is bad faith not bad faith? (Ontario, Canada)
On the basis of bad faith and breach of trust, is it possible to sue for damages against a bank for bad faith? (Ontario, Canada)
What is the test for "good faith" under section 2(8) of the Family Law Act, 1986? (Ontario, Canada)
How have the courts in Canada treated the duty of good faith in a commercial contract? (Ontario, Canada)
Can a medical professional be held liable for errors in judgment? (Ontario, Canada)
In an action on the insurance contract, can a plaintiff recover damages for breach of duty of good faith? (Ontario, Canada)
Does bad faith and personal benefit play a role in determining personal liability? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.