What are the legal tests for establishing constructive possession of a part of a parcel of land on the Toronto Flats?

The tests are no less stringent in this case because the appellant claims through the 1911 deed to his predecessor. According to s. 43 of the Registry Act that deed is void as against the respondent’s predecessor and therefore those who claim through him. The colour of right that might arise from good faith reliance on the 1911 deed only assists the appellant in this case if he first establishes title through adverse possession to some part of the Flats. If he succeeds in doing so, the colour of right arising from good faith reliance on the deed of 1911 would extend his possessory title to the whole of the lands comprising the Flats even though he had only been in actual possession of only part of them. In other words possession of a part of lands under colour of right is constructive possession of the whole which may ripen into indefeasible title if open, exclusive and continuous for the full twenty year period. See: Wood v. LeBlanc (1904), 1904 CanLII 71 (SCC), 34 S.C.R. 627 per Davies J.