Lexpert Magazine quotes Montréal lawyer Nikolas Blanchette in an article on SCC ruling on acquisitive prescription.
It was this aspect of the decision that prompted debate in the court, notes Nikolas Blanchette, who heads the litigation department and specializes in real estate and contract litigation at Fasken Martineau Dumoulin LLP in Montréal.
In this case, says Blanchette, “if the previous owner had sent a letter to Mme. Allie, telling her she had no rights, it would have stopped the whole process; it would not have become unequivocal possession.”
Winning a claim against a seller who hasn’t disclosed previous acquisition by prescription is not a perfect solution — “at the end of the day, money doesn’t replace property,” says Blanchette — but it will provide some equitable resolution.