The first issue to be determined in this case is whether at the time of his fall the plaintiff was on the defendants’ premises as an invitee or as a licensee. “The duty of the occupier of premises differs according as the person entering the premises is an invitee, licensee or trespasser”: per Martin C.J.S. in Armstrong v. Asbell, 1950 CanLII 169 (SK CA), 1 W.W.R. (N.S.) 8, [1951] 1 D.L.R. 650 at 654 (Sask. C.A.).
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