License to Occupy (TPA)

Davidson v. Toronto Blue Jays Baseball Ltd., 1998 CanLII 14938 (ON SC)

[1] WILSON J.:—The jury has answered questions and rendered a verdict in this matter in favour of the plaintiff, Michael Davidson. Based upon the answers to the questions asked, counsel concede that there were no reasonable and probable grounds for the plaintiff’s arrest, which was made pursuant to the Trespass to Property Act, R.S.O. 1990, c. T.21 (the “Act”). This case raises a novel issue and a more fundamental question, however. Do the arrest provisions of the Act apply in the context of ticket holders with a licence to attend the premises? As this question has not been considered before, counsel asked me to provide reasons to clarify this question. In light of the jury’s answers to the questions asked, however, these comments are obiter.

[2] The plaintiff was arrested by three off-duty Metropolitan Toronto police officers while attending a Blue Jays game at the SkyDome on April 28, 1995. At the time of the arrest the plaintiff was told that he was arrested pursuant to the Act. The plaintiff alleges that the arrest was unlawful, and that the Blue Jays and the Metropolitan Toronto Police Board and the three named police officers involved (the Police) are liable for general, special, aggravated and punitive damages.

[13] The decision of Hurst v. Picture Theatres Ltd., [1915] 1 K.B. 1 (C.A.), confirms that the purchaser of a ticket for a seat at the theatre has the right to remain and attend the entire performance. The licence granted by the ticket includes a contract not to arbitrarily revoke the licence during a performance. The right to remain is subject to the implied contractual condition that the patron behaves properly, and complies with the rules of management. It appears clear that a ticket holder for a performance is “acting under a right or authority conferred by law”, and therefore prima facie the trespass provisions of the Act do not apply.

[18] Prior to this incident there is no allegation that the plaintiff was misbehaving or not in compliance with the rules of management. He was simply enjoying the ball game with his friend. It is clear that the plaintiff was vocal and rude when he was requested to accompany the Blue Jays personnel and the police to discuss this incident. The plaintiff refused to leave his seat. The issue is who was responsible for escalating the situation—the plaintiff or the Blue Jays’ personnel. I concur with the findings of the jury that it was unfortunate that the Blue Jays personnel escalated the situation to the point of unnecessary conflict culminating in the plaintiff’s arrest.

[19] I conclude after review of the terms of the ticket, and the relevant case law that the defendants are not entitled to revoke at will the licence granted to the plaintiff, and to treat the plaintiff as a trespasser after he refused to voluntarily leave the SkyDome.