Does the fact that a tenant never raised the issue of their possessory claim until 1991 affect the validity of the claim?

Ontario, Canada

The following excerpt is from Corkery v. Moffitt, 2022 ONSC 105 (CanLII):

In Metzger Estate v. Gardiner (2000), 34 R.P.R. (3d) 79, the court considered the fact that the tenants never raised the issue of their possessory claim until 1991 to conclude that they never believed that the land was their own (at para. 47).

In Meconi v. Crichton (2000), 35 R.P.R. (3d) 12, the court found that the plaintiff did not take any steps to locate the property line. The use of a string between two stakes was used to plant trees in a straight line and had nothing to do with the lot line (at para. 23). An honest belief must be based on fact or logic. The court noted that there was a surveyor’s iron bar near the plaintiff’s house and a stake or iron bar at the rear of the property. As such, the plaintiff could have located the lot line had they made the effort (at para. 24). The court also considered the plaintiff’s inaction when their neighbour sold the lot and when the new owners erected a fence (at para. 27).

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