What is the test for possession of a firearm with intent to exclude the true owner?

Ontario, Canada


The following excerpt is from Marotta v. Creative Investments Limited, 2008 CanLII 15772 (ON SC):

Use is sufficient to establish possession, but is not necessary to establish possession. (Mueller v. Lee, [2007] O.J. No. 2453 (Sup. Ct. J.), paragraphs 17-18). (2) Possession with Intention of Excluding the True Owner

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