What is the test for obtaining a Quieting Titles Certificate?

Prince Edward Island, Canada


The following excerpt is from Brown Quieting of Titles, 2022 PESC 14 (CanLII):

Due to its far-reaching consequences this court has held in Charlottetown Area Development Corporation v. Tweel, …that a judge should not exercise his discretion to grant a certificate under the Quieting Titles Act unless the applicant has established, by proof going beyond a mere balance of probabilities, that his claim to the lands is indefeasible. An indefeasible possessory title can be demonstrated by the applicant proving he has possession and that the legal owner has lost the right to eject him. (my emphasis)

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