What is the test for rebutting the statutory presumption of indefeasibility?
British Columbia, Canada
The following excerpt is from Frame v. Rai, 2012 BCSC 1876 (CanLII):
In this case, the plaintiff relied on Dhaliwal v. Ollek, 2010 BCSC 1524 [Dhaliwal]. At trial Madam Justice Griffin found the statutory presumption of indefeasibility could be rebutted, saying:
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