Section 3(4)(j) of the Limitation Act provides that there is no limitation period for an action for the title to property or a declaration about title by a party in possession of the property. In Bacic v. Bacic Estate, 2010 BCSC 728, in para. 43, the court observed that possession “is a mixed question of fact and law that must be determined based on all of the circumstances” and that possession depends on the degree of control a party has over property. The case was decided shortly after the order under review.
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