What is the test for establishing that a party has an interest in a property?
Ontario, Canada
The following excerpt is from HarbourEdge Mortgage Investment Corporation v Community Trust Company, 2016 ONSC 448 (CanLII):
In Boyko v. Trynoha[2], Justice Price concluded “The issue is whether there is a triable issues as to whether the moving party has an interest in the property, not whether she has established that interest on a balance of probabilities. The requirement is that there be a reasonable issue involving an interest in the land”.
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