What is the test for determining whether golfers have a right to the undisturbed use and enjoyment of a municipal golf course?
Ontario, Canada
The following excerpt is from Tanglewood (Sierra Homes) Inc. v. Munro Golf Limited, 2009 CanLII 20713 (ON SC):
I accept the point made in the Australian case of Lester-Travers v. Frankston, [1970] V.R. 2, in which Anderson J. stated at p. 9-10: I know of no basis on which it can be said that the interests of golfers, whether they be playing on a municipal golf course or any other kind of golf course, are superior to the right of the occupier of premises to the undisturbed use and enjoyment of such premises.
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