In what circumstances will a defendant be barred from using a stairway and landing on a plaintiff's land?

Ontario, Canada


The following excerpt is from Clarke v. Babbitt, 1925 CanLII 14 (ON CA):

Griffith v. Brown, 5 A.R. 303, to which the learned trial Judge refers, is relied on by the defendants. But there it was clear that the plaintiffs’ user of the stairway which they had erected upon the defendant’s land had not had the effect of excluding the defendant. The platform, stairway, and landing were equally open to the defendant and the plaintiffs, and the defendant had in fact on one occasion moved the platform and occupied the ground upon which it rested for six weeks. In these circumstances the Court of Appeal held that the plaintiffs had not had such exclusive occupation for 10 years as to bar the defendant.

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