Can a person who was in possession of a parcel of land grow marijuana for themselves?

Ontario, Canada


The following excerpt is from Stewart v. TD General Insurance Company, 2014 ONSC 854 (CanLII):

On the other hand they might. Though the evidence on the motions does not address the point definitively, the growing marijuana plants may have been fructus industriales – growing crops sewn by the person in possession of the land and intended to be reaped within the year by or for that person. If so, they would be characterized as chattels, not an interest in land, and hence, personal property. See Cameron v. Gibson, 8 O.R. (1889), S.C.O. (ch. Div.) 233, at 238.

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