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Osgoode Hall Law Journal

Authors

Brian Bucknall

Document Type

Commentary

Abstract

The foundations of the doctrine of possessory rights are centuries old, yet, as Mr. Bucknall establishes, Ontario courts frequently have difficulty in applying both the common law tests and the statutory changes enacted in the Limitations Act. A critical examination of several cases reveals startling judicial inconsistency and demonstrates the need for a clearer analytical framework within which to determine questions of possessory title. Mr. Bucknall sets out this framework in a series of principles designed to restate and clarify the interaction of the common law maxims and the statutory enactments.

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