The fourth requirement has created some confusion. Although it sounds limiting, it merely requires that the defendant have the ability to transfer an interest in the immovable according to the laws of the lex situs. In other words, such a transfer must not be illegal or impossible according to the laws where the property is situated: Minera Aquiline Argentina SA v. IMA Exploration Inc., 2006 BCSC 1102 at paras. 175‑77.
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