What is the test for intention to exclude element in a real estate application?

The intention to exclude element has a low threshold in cases where the claimant and the true owner mistakenly believe that the claimant owns the disputed land, and it has a high threshold where the claimant is a mere trespasser with designs of becoming the owner of lands that he or she knows belong to another: Teis v. Ancaster, supra. As Laskin, J.A. explained in Teis v. Ancaster, at p. 225: The law should protect good faith reliance on boundary errors or at least the settled expectations of innocent adverse possessors who have acted on the assumption that their occupation will not be disturbed. Conversely, the law has always been less generous when a knowing trespasser seeks its aid to dispossess the rightful owner.