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R v Peters (1971), 17 DLR (3d) 128

Facts:

During a boycott where boycotters protested at a shopping centre, the property owner sued the boycotters for trespass.

Parties:
** Peel Village developments (mall owner, lessor)
** Peters (boycotter)
** Safeway (store owner, lessee)

Ratio:

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.

Holding:

Appeal decision against Peters -- eventually went to SCC, which said the Appeal court did not err (not that they were right).


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