What is the test for establishing an intention to exclude a party to a property?
Ontario, Canada
The following excerpt is from Goode v. Hudon, 2005 CanLII 15461 (ON SC):
I find, as a fact, and in accordance with the law laid down in Keefer v. Arillotta, supra, that the Plaintiffs failed to establish an “intention to exclude” as a requisite to “exclusive possession or animus possidendi, with clear and cogent evidence, based on the actual use which was made, or intended to be made, by themselves, or their predecessors on title.
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