How have the words “owned” and “owner” been interpreted in common law?
Ontario, Canada
The following excerpt is from Goodis (Guardian of) v. Goodis Estate, 2002 CanLII 27185 (ON SC):
The words “owned” and “owner” have been the subject of judicial review and have differing meanings in the face of the particular purpose of the law applying in each case. A tenant, as the person in the possession of premises, was held to come within the word “owner” in order to allow a health by-law and plumbing inspector’s order to apply effectively. Zed v. Fullerton, (1940) 1944 CanLII 576 (NB QB), 17 M.P.R. 417 (N.B.S.C., June 15, 1944). The court held that “owner” at common law was an indefinite expression and “may mean anyone who has an interest” (p.419).
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