Occupant (TPA): Difference between revisions
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[[Category:Trespass to Property]] | [[Category:Trespass to Property]] | ||
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==Miaskowski v. Persaud, 2015 ONSC 1654 (CanLII)<ref name="Miaskowski"/>== | ==Miaskowski v. Persaud, 2015 ONSC 1654 (CanLII)<ref name="Miaskowski"/>== | ||
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[112] The Act in s. 1 provides that there may be more than one occupier of the same premises. | [112] The Act in s. 1 provides that there may be more than one occupier of the same premises. | ||
[113] Typically, a tenant will qualify as an occupier of his or her leased premises. And there is case law that establishes that where a tenant controls or has responsibility over adjoining property (i.e., property not leased to the tenant), the tenant may also be an occupier of that property. See: Slumski v. Mutual Life, [1994] O.J. No. 301 (Div. Ct.); <i>Pammett v. McBride Corp., 2013 ONSC 2382.</i><ref name="Pammett"/> | [113] Typically, a tenant will qualify as an occupier of his or her leased premises. And there is case law that establishes that <b><u>where a tenant controls or has responsibility over adjoining property (i.e., property not leased to the tenant), the tenant may also be an occupier of that property.</b></u> See: Slumski v. Mutual Life, [1994] O.J. No. 301 (Div. Ct.); <i>Pammett v. McBride Corp., 2013 ONSC 2382.</i><ref name="Pammett"/> | ||
<ref name="Miaskowski">Miaskowski v. Persaud, 2015 ONSC 1654 (CanLII), <http://canlii.ca/t/ggndd>, retrieved on 2020-09-16</ref> | <ref name="Miaskowski">Miaskowski v. Persaud, 2015 ONSC 1654 (CanLII), <http://canlii.ca/t/ggndd>, retrieved on 2020-09-16</ref> | ||
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<ref name="MusselmanONCA">Musselman v. 875667 Ontario Inc. (Cities Bistro), 2012 ONCA 41 (CanLII), <http://canlii.ca/t/fq3m6>, retrieved on 2020-09-16</ref> | <ref name="MusselmanONCA">Musselman v. 875667 Ontario Inc. (Cities Bistro), 2012 ONCA 41 (CanLII), <http://canlii.ca/t/fq3m6>, retrieved on 2020-09-16</ref> | ||
<ref name="Pammett">Pammett v. McBride Corp., 2013 ONSC 2382 (CanLII), <http://canlii.ca/t/fx563>, retrieved on 2020-09-16</ref> | <ref name="Pammett">Pammett v. McBride Corp., 2013 ONSC 2382 (CanLII), <http://canlii.ca/t/fx563>, retrieved on 2020-09-16</ref> | ||
==Trespass to Property Act, R.S.O. 1990, c. T.21<ref name="TPA"/>== | |||
1 (1) In this Act, | |||
::<b><u>“occupier” includes,</b></u> | |||
:::<b><u>(a) a person who is in physical possession of premises,</b></u> or | |||
:::(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, | |||
::even if there is more than one occupier of the same premises; (“occupant”) | |||
::“premises” means lands and structures, or either of them, and includes, | |||
:::(a) water, | |||
:::(b) ships and vessels, | |||
:::(c) trailers and portable structures designed or used for residence, business or shelter, | |||
:::(d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. T.21, s. 1 (1). | |||
2 (1) Every person who is not acting under a right or authority conferred by law and who, | |||
::<b><u>(a) without the express permission of the occupier</b></u>, the proof of which rests on the defendant, | |||
:::(i) enters on premises when entry is prohibited under this Act, or | |||
:::(ii) engages in an activity on premises when the activity is prohibited under this Act; or | |||
::(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier, | |||
is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1. | |||
<ref name="TPA">Trespass to Property Act, R.S.O. 1990, c. T.21, <https://www.ontario.ca/laws/statute/90t21>, retrieved on 2020-09-16</ref> | |||
==References== | ==References== |
Latest revision as of 14:41, 26 August 2021
Caselaw.Ninja, Riverview Group Publishing 2021 © | |
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Date Retrieved: | 2024-11-23 |
CLNP Page ID: | 951 |
Page Categories: | Trespass to Property |
Citation: | Occupant (TPA), CLNP 951, <3c>, retrieved on 2024-11-23 |
Editor: | MKent |
Last Updated: | 2021/08/26 |
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Miaskowski v. Persaud, 2015 ONSC 1654 (CanLII)[1]
[111] In Wheat v. E. Lacon & Co. Ltd. [1966], 1 All E.R. 582 (H.L.) at p. 593, Lord Denning described the word “occupier" as “a convenient word to denote a person who had a sufficient degree of control over premises to put him under a duty of care towards those who come lawfully onto the premises.” The Act defines occupier to include: (a) a person who is in physical possession of premises, or (b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter premises.
[112] The Act in s. 1 provides that there may be more than one occupier of the same premises.
[113] Typically, a tenant will qualify as an occupier of his or her leased premises. And there is case law that establishes that where a tenant controls or has responsibility over adjoining property (i.e., property not leased to the tenant), the tenant may also be an occupier of that property. See: Slumski v. Mutual Life, [1994] O.J. No. 301 (Div. Ct.); Pammett v. McBride Corp., 2013 ONSC 2382.[2]
Trespass to Property Act, R.S.O. 1990, c. T.21[5]
1 (1) In this Act,
- “occupier” includes,
- (a) a person who is in physical possession of premises, or
- (b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
- “occupier” includes,
- even if there is more than one occupier of the same premises; (“occupant”)
- “premises” means lands and structures, or either of them, and includes,
- (a) water,
- (b) ships and vessels,
- (c) trailers and portable structures designed or used for residence, business or shelter,
- (d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. T.21, s. 1 (1).
- “premises” means lands and structures, or either of them, and includes,
2 (1) Every person who is not acting under a right or authority conferred by law and who,
- (a) without the express permission of the occupier, the proof of which rests on the defendant,
- (i) enters on premises when entry is prohibited under this Act, or
- (ii) engages in an activity on premises when the activity is prohibited under this Act; or
- (b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
- (a) without the express permission of the occupier, the proof of which rests on the defendant,
is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1.
References
- ↑ 1.0 1.1 Miaskowski v. Persaud, 2015 ONSC 1654 (CanLII), <http://canlii.ca/t/ggndd>, retrieved on 2020-09-16
- ↑ 2.0 2.1 Pammett v. McBride Corp., 2013 ONSC 2382 (CanLII), <http://canlii.ca/t/fx563>, retrieved on 2020-09-16
- ↑ Musselman et al v. 875667 Ontario Inc. et al, 2010 ONSC 3177 (CanLII), <http://canlii.ca/t/29zw7>, retrieved on 2020-09-16
- ↑ Musselman v. 875667 Ontario Inc. (Cities Bistro), 2012 ONCA 41 (CanLII), <http://canlii.ca/t/fq3m6>, retrieved on 2020-09-16
- ↑ 5.0 5.1 Trespass to Property Act, R.S.O. 1990, c. T.21, <https://www.ontario.ca/laws/statute/90t21>, retrieved on 2020-09-16