What is the predominant purpose of a disused public space where there is a large majority of the public is not allowed to enter?
Ontario, Canada
The following excerpt is from TST-80343-16 (Re), 2017 CanLII 28613 (ON LTB):
4. In Di Geso v. Fiset [1998] O.J. No. 3466, the court held “that the predominant purpose test is most appropriate where the demised premises appear to be mainly residential in use and where there is not a clear segregated area of the demised premises to which the public is invited to come.”
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