Can a tenant be convicted of occupying without a permit?

British Columbia, Canada


The following excerpt is from R. v. Fournogerakis, 2008 BCPC 410 (CanLII):

A tenant was convicted of occupying without a permit without proof that he conducted business where the premises were intended for use as a woodworking business. Montreal v. Kleinveld, cited earlier. The court considered several definitions of occupancy and concluded that although the premises had apparently actually been used for their intended purpose on one occasion, that was, in fact, not an essential element of occupation under that Act.

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