What is the test for establishing that the owner of a property is not a party to the title of the property, and if so, what are the requirements?
Ontario, Canada
The following excerpt is from Sumner v. Sullivan, 2014 ONCA 869 (CanLII):
The third requirement, “effective exclusion of the true owner”, applies even in cases of mutual mistake: Shennan v. Szewezyk, [2010] O.J. No. 4426.
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