Does the requirement that adverse possession claimants must effectively exclude the true owner from the claimed property apply even in a mutual mistake?

Ontario, Canada


The following excerpt is from Jamnisek v. The Estate of Gordan A. Wyant, 2021 ONSC 66 (CanLII):

The requirement that adverse possession claimants must effectively exclude the true owner from the claimed property applies even in cases of mutual mistake. See: Pepper v. Brooker, 2017 ONCA 532, at paras. 37-39.

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