What is the test for dispossessing a property?
Ontario, Canada
The following excerpt is from Marotta v. Creative Investments Limited, 2008 CanLII 15772 (ON SC):
Wilson J. stated that the test is not whether the occupier/possessor precluded the owner from making the use of the property that he wanted to make of it: the acts relied upon as dispossessing the true owner must be inconsistent with the form of enjoyment of the property intended by the true owner. (Citing Leigh v. Jack (1879), 5 Ex. D. 264).
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