What is the test for a party to occupy a room in a private residence?
British Columbia, Canada
The following excerpt is from The Owners Strata Plan VR2213 v. Duncan & Owen, 2010 BCPC 123 (CanLII):
In Marchant v. Charters (1977) 3 All ER 918, the court said that “the true test was the nature and quality of the occupation: whether it was intended that the occupier should have a stake in the room or whether he only had permission for himself to occupy the room personally, whether under a contract or not”.
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