An inconsistency in the Canadian law of adverse possession? Nelson (City) v Mowatt 2017 SCC 8

Abstract

ABSTRACT In Nelson (City) v Mowatt 2017 SCC 8, the Supreme Court of Canada held that the inconsistent use test forms no part of the law of British Columbia. This note surveys and critiques the Court’s reasoning, and argues that the spirit of the decision should be followed in the other provinces. Using the law of Ontario as a case study, it argues that the existence of the inconsistent use test is contrary to both legal history and precedent.