What is the test for an adverse possession finding?
Ontario, Canada
The following excerpt is from Pepper v. Brooker, 2017 ONCA 532 (CanLII):
But even assuming that finding can stand, there exists a more fundamental problem. An intention to exclude the true owner of a property is just one part of the adverse possession equation. An adverse possession claimant must succeed in his or her intention by achieving effective exclusion from the property, even in cases of mutual mistake: Shennan v. Szewczyk, 2010 ONCA 679 (CanLII), 96 R.P.R. (4th) 190.
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