What is the test for establishing that a trespasser is a licensee?

Alberta, Canada


The following excerpt is from Kwasnie v. Penthouse Towers Ltd., 1972 CanLII 204 (AB QB):

In applying any rule, the case from which the rule originates must be examined. In Mokedanz v. Smith the case was of an uninvited person visiting a building under construction and falling through an open stair landing. The trial Judge stated [p. 454], "In these circumstances it is doubtful whether he was anything but a trespasser, but the result will not be affected if it is assumed he was a licensee."

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