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.)

Other Questions


What is the "crumbling skull rule" in tort law? (British Columbia, Canada)
Does absolute immunity apply to communications between a judge and a plaintiff? (British Columbia, Canada)
What is the degree of risk of flight for Canadian citizens who have been ordered to leave the country to face extradition proceedings to Thailand? (British Columbia, Canada)
What is the test for reading the reasons of a Superintendent of Motor Vehicles adjudicator? (British Columbia, Canada)
Does a driver who backed his truck into a pedestrian who bent over and bent over to pick up her cell phone, causing her injury? (British Columbia, Canada)
Can a party who contributed more than his or her proportionate contribution to a joint account that was set aside for the purposes of calculating the difference between their contributions to the joint account? (British Columbia, Canada)
What are the factors used by the BC Courts to accept a late-filed complaint? (British Columbia, Canada)
What is the test for representing a class in a class action? (British Columbia, Canada)
What is the current state of the law relating to credibility and reliability of witnesses? (British Columbia, Canada)
What is the test for an asset preservation order? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.