Is a tenant not a licensee?

Ontario, Canada


The following excerpt is from Galbraith v. Madawaska Club Ltd., 1960 CanLII 26 (ON CA):

In Errington v. Errington, [1952] 1 K.B. 290 Denning L.J. dealt with the principles underlying the conception of an occupational licence. At p. 298 he said: “The result of all these cases is that, although a person who is let into exclusive possession is prima facie to be considered to be a tenant, nevertheless he will not be held to be so if the circumstances negative any intention to create a tenancy. Words alone may not suffice. Parties cannot turn a tenancy into a licence merely by calling it one. But if the circumstances and the conduct of the parties show that all that was intended was that the occupier should be granted a personal privilege, with no interest in the land, he will be held to be a licensee only.”

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