Can a licensee be considered in the category of invitee?
Ontario, Canada
The following excerpt is from Hambourg v. T. Eaton Co., 1934 CanLII 24 (ON CA):
A licensee is expressly excluded from the rule in Indermaur v. Dames (1866), L.R. 2 C.P. 311. But even if the plaintiff could be considered in the category of invitee, the learned Justice of Appeal was unable to see any actionable negligence; the contract implied of invitor and invitee is not one of insurance, but only a contract of reasonable care. There is no evidence of want of reasonable care in this case and the appeal should be allowed with costs here and below, if asked. Appeal allowed with costs.
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