Is New Orient an "occupier" of a premises under the Occupier's Rights Act?
British Columbia, Canada
The following excerpt is from Chamberlain v. Jodoin, 2012 BCCA 108 (CanLII):
The issue of who is an “occupier” of premises under the Act is a question of mixed fact and law as it involves the application of a legal standard to the trial judge’s findings of fact: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235. Absent an error of principle or a misapprehension of the evidence giving rise to palpable and overriding error, the trial judge’s findings on this issue must be accorded deference. (i) Is New Orient an “Occupier” under the Act?
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