What is the test for establishing that the interests of all owners were mutually treated as held in common?
British Columbia, Canada
The following excerpt is from Mayer v Mayer Estate, 2018 BCSC 2225 (CanLII):
The phrase in rule 3 -- "the interests of all were mutually treated" -- requires that the co-owners knew of the other's position and that they all treated their respective interests in the property as no longer being held jointly. Such knowledge can be inferred from communications or conduct. The requirement that the co-owners knew that their interests in the property were being mutually treated as held in common was emphasized in Williams v. Hensman, at p. 867 E.R.: [I]t will not suffice to rely on an intention, with respect to the particular share, declared only behind the backs of the other persons interested.
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