Marsh v. Kulchar, 1951 CanLII 56 (SCC), [1952] 1 S.C.R. 330, 1 D.L.R. 593 (S.C.C.), at 334-335, also considered the meaning of possession: … The word "possession" in English law is, as has often been pointed out, a most ambiguous word. As most often used, however, it imports actual physical possession. ... When a motor car is stolen from the owner, the thief takes actual physical possession, and thus takes it out of the possession of the owner, although the right to possession remains with the latter. That this is the idea in contemplation of the statute is shown by the use of the phrase, "or otherwise...taken out of his possession." … …
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