Is there a presumption in law that if a person is in possession of property and making use of it that such possession and use is lawful?
Alberta, Canada
The following excerpt is from Robinson v. Flahr, 2000 ABQB 508 (CanLII):
This position seemed to have been adopted by Foisy J. in Yakimchuk v. Mann, supra, where he found the owner liable on the basis that: There is a presumption in law that if a person is in possession of property and making use of it that such possession and user is lawful unless there be evidence rebutting such presumption.
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