What is the test for a court to determine whether a party to a claim against a property is entitled to sue the property owner?
Ontario, Canada
The following excerpt is from Wellwood v. Ontario Provincial Police, 2009 CanLII 1476 (ON SCDC):
“Ultimately, the court will exercise its discretion upon a consideration of the relevant factors and will attempt to balance the interests of the parties”: Steele v. Ottawa-Carleton (Regional Municipality), [1998] O.J. No. 3154 at para. 17 (per Master Beaudoin, agreed with by Goudge J.A. in Scaini).
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