What is the test for determining whether a premises is vacant?

Ontario, Canada


The following excerpt is from Zimmerman v. Royal & Sunalliance Insurance Company of Canada, 2007 CanLII 48992 (ON SC):

As stated in the judgment and in costs submissions, the main issue in dispute was the issue as to whether the premises were vacant. I found that the policy itself spelled out what the definition of vacancy was. In addition, in my judgment, I relied on the case of Price v. Zurich Insurance Co. [2003] B.C.J. No 243 and the reasoning of Justice Prowse.

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