Does the legal test to found a claim for adverse possession need to be an extricable question of law?

Nova Scotia, Canada


The following excerpt is from Fancy v. Coade Estate, 2022 NSCA 17 (CanLII):

The legal test to found a claim for adverse possession is an extricable question of law and is reviewable on a correctness standard. If the application judge articulated the correct legal test, his application of the test to the evidence is also a question of law and is to be reviewed on a correctness standard. If he identified and applied the proper test his finding of whether there was adverse possession is to be reviewed on a palpable and overriding error standard (see McPherson v. Campbell, 2019 NSCA 23, ¶18 and cases cited therein). Issue 2

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