What is the test for abandonment in a tenement?
Ontario, Canada
The following excerpt is from Urszula Bialkowski v. Sean Paul Ronald Cowling, 2015 ONSC 1744 (CanLII):
As stated in Overs v. ten Kortenaar[6], abandonment is a question of fact and it can occur by conduct of the dominant tenement owner. The release can be implied, including from acquiescence in acts.
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