What is the test for a change of possession?
Saskatchewan, Canada
The following excerpt is from Wilson v. Matthewson Brothers, 1928 CanLII 161 (SK CA):
In Danford v. Danford (1883) 8 O.A.R. 518, it was held that the change of possession must be of such a character that the public may see that they are dealing with some person other than the original owner. The change of possession must be actual, and in that way capable of being noticed by a reasonably observant person; it must be open, carrying with it the usual indications of ownership; it must be accompanied by unmistakable acts of ownership such as a prudent man would exercise; it must be of such a character that a reasonably observant person would know that he was no longer dealing with the vendor.
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