What is the test for determining whether a person is a resident in his parents’ home?
British Columbia, Canada
The following excerpt is from Wade v. Can. Nor. Shield Ins. Co., 1986 CanLII 933 (BC SC):
If it were just a question of deciding whether the petitioner was a resident in his parents’ home, I would have no difficulty concluding that he was. The birds have their nests and the foxes their holes but man hath no place to lay his head: Proverbs 8:20. As a result, man must secure a place where he can lay his head and again the authorities have recognized that a residence means a place where one dwells permanently or for a considerable period of time: Thomson v. M.N.R., 1946 CanLII 1 (SCC), [1946] S.C.R. 209 at 212, [1946] C.T.C. 51, [1946] 1 D.L.R. 689. I would have no difficulty concluding, for the purpose of this case relating to the language of an insurance policy, that the petitioner was resident in his parents’ home.
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