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  • trespass to land accounts for 10 out of 812 casebriefs.

Style of causeRatio

Austin v Rescon Construction Ltd (1984), 57 DLR (4th) 591 (BC CA)

Landowner may deny entry for any reason they choose and has no obligation to accommodate a contractor or anyone else wishing to enter.

Bernstein of Leigh v Skyviews & General Ltd, [1978] 1 QB 479

The rights of landowners in the airspace above their land is restricted to such a height necessary for the ordinary use and enjoyment of his land and the structures upon it – above that height he has not greater rights then the general public.

Boehringer v. Montalto (1931), 254 NY Supp 276

Landowner's title to the subsoil extends only to the depth which he or she can reasonably use.

Cadillac Fairview Corp. Ltd. v. RWDSU. (1989), 71 OR (2d) 206 (CA).

No, without compelling business rationale, a third party may not exclude labour from their property where entrance is required for the enforcement of their statutory labour rights.

Entick v Carrington (1765), 19 St Tr 1029; (1795) 95 ER 807

Any invasion of property is actionable in trespass unless there is a law excusing the invasion. No need to show damages.

Hudson's Bay Co v White (1997), 32 CCLT (2d) 163 (Ont Gen Div)

The public has an implied licence to enter a store, but a shoplifter is not there for any authorized purpose, and is therefore a trespasser.

Kerr v Revelstoke Building Materials Ltd (1976), 71 DLR (3d) 134 (Alta SC)

An action in trespass can be founded when only substances, such as ash and dust, are deposited on one’s private property.

Noise and smoke are evidence of nuisance. Nuisance is established on proof of loss when actions of defendant interfere with the enjoyment plaintiff’s property.

Mann v Sauliner (1959), 19 DLR (2d) 130 (NB CA)

This was neither trespass (because the injury was indirectly caused), nor a nuisance (because no special damages were proven).

Russo v Ontario Jockey Club (1987), 46 DLR (4th) 359 (Ont HCJ)

Absolute right of owners: A property owner has an absolute right to deny entry to anyone under both the common law and the applicable trespass legislation.

Turner v Thorne (1960), 21 DLR (2d) 29 (Ont HC)

Innocent mistake is not a defence to trespass and its consequences. A trespasser to land is liable for both direct and indirect personal injuries resulting from the trespass.