Is there a special circumstance where the adjacent owner of the adjacent store is deemed an occupier of the municipal sidewalk?
Ontario, Canada
The following excerpt is from Coulson v. Hamilton (City), 2008 CanLII 64374 (ON SC):
One such type of special circumstance is where the evidence demonstrates that the adjacent owner has assumed sufficient control of the municipal sidewalk so as to be deemed an occupier. One such situation occurred in Bogoroch v. Toronto (City) [1991] O.J. No. 1032. There the defendant store was found to be an occupier of the municipal sidewalk as it had sought and obtained a permit from the City which gave the store a right of physical possession over that part of the sidewalk, and permitted the store to sell and display its goods on the sidewalk.
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