What is the test for a judge to consider the relative balance of convenience between the parties in determining whether there is an interest in land?
Ontario, Canada
The following excerpt is from Demers v. Desrochers, 2009 CanLII 41353 (ON SC):
I recognize that we are not, in this litigation, concerned with whether there exists an interest in land; however, the basic principles apply – i.e., “the judge must exercise his discretion in equity and look at all the relative matters between the parties”. In paragraph 16 of her decision Eberhard J. cites the decision in Heron Bay v. Peel-Elder to support the proposition that the relative balance of convenience is something that the court should consider. See also Matheson v. Gordon, 2004 CanLII 28475 (ON S.C.).
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