Keep Out: The Law of Trespass

Civil trespass in Ontario involves the unauthorized entry onto another person’s property, or remaining on the property after permission to be there has been revoked. This area of law protects property owners’ rights to exclude others from their land. It’s distinct from criminal trespass, which involves a violation of the Criminal Code and prosecution by the government.

To establish civil trespass, a plaintiff (the property owner) must prove that the defendant (the alleged trespasser) entered the property without permission or remained on the property after permission was withdrawn.^[2] Damages can be awarded to compensate for any harm caused by the trespass, such as property damage or loss of use. The remedies available to a property owner can include an injunction to prevent future trespass, and monetary compensation for damages. The specific circumstances of each case will determine the appropriate remedies. Trespassed or trespass against you? Contact Adam T. Higgins for a consultation today!