What is the test for determining that a party has no right, title, or legally protected interest in lands that have been claimed by two parties?
Nova Scotia, Canada
The following excerpt is from Thomas v. Cottam; Thomas v. Taylor, 2006 NSCA 134 (CanLII):
The chambers judge applied the test set out by Justice Moir in Frank Georges Island Investments v. Nova Scotia (Attorney General) 2004 NSSC 136 and concluded that it was clear that the appellants had no right, title, claim or legally protected interest in the lands claimed by the respondents.
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