What is the test for replevin?

British Columbia, Canada


The following excerpt is from Island View v. Anderson, 2000 BCSC 1121 (CanLII):

On an application for replevin the onus is on the applicant to establish that it has a better right to the goods than does the person in possession. (See Penner v. Simpson, [1941 Vol. 3] W.W.R. 235.)

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