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Harrison v Carswell, [1976] 2 SCR 200 (Link)


** Harrison (manager of Polo Park)
** Carswell (union worker, picketer)
** Polo Park Shopping Centre (mall owner, lessor)

During a labour dispute where workers picketed at a shopping centre, the manager of the property sued the picketers for trespass.


As per R v Peters, though shopping centres offer an unrestricted invitation to enter, they retain the right to withdraw that offer and therefore the right to control. As such, shopping centres have sufficient possession for trespass protection.


Dickson J, for the majority, held in favour of Harrison, (based on R v Peters)


Laskin CJ, for dissent, found in favour of Carswell (based on GPSC v Waloshin)

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