Is a privately owned parking lot a highway when it is used in conjunction with a shopping centre?
British Columbia, Canada
The following excerpt is from 0724969 B.C. Ltd. v. Insurance Corporation of British Columbia, 2010 BCSC 662 (CanLII):
This Court held, in Cyr v. Koster, 2001 BCSC 1459, that a privately owned parking lot is a highway when used in conjunction with a shopping center and intended to be used by members of the public.
In Spencer v. Lutkehaus, (1986), 19 C.C.L.I. 29, our Court of Appeal stated that: ...the determination as to whether or not a private place or passageway is a highway...does not vary depending on the purpose for which the particular individual entered upon the private place or passageway. Rather it should be viewed objectively.
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