What is the test for a claim of trespass against the Respondent for allegedly interfering with the use and enjoyment of the matrimonial property?
British Columbia, Canada
The following excerpt is from Kang v. Rainforest Moving and Storage Inc., 2020 BCCRT 243 (CanLII):
11. The applicant alleges that the respondent’s actions have interfered with the use and enjoyment of the matrimonial property. This is a claim of trespass. In law, trespass to land consists of entering on the land of another without lawful justification, or placing, throwing, or erecting a material object on the land without the legal right to do so (see Lahti v. Chateauvert, 2019 BCSC 1081 at paragraph 6). The applicant’s claims are about items left on the matrimonial property by the respondent’s employees.
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