I am satisfied by the case authorities, in particular, County of Halliburton v. Gillespie cited earlier by counsel for the Sangsters that a person is an occupier if in physical possession of the land, or responsible for and having control over the condition of the land, or responsible for and having control over the activities carried on there or finally, having control over persons allowed to enter the land. I am not satisfied there is evidence the Sangsters were ever in physical possession had control over the condition of the land or over activities carried on there or controlled who could enter over the land. More than simply the right to use the land and the right to invite guests onto the land will be required to impose the duty of care of an occupier.
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