What is the test for maintaining a cause of action in trespass?
Saskatchewan, Canada
The following excerpt is from Kocsis v Muskeg Lake Cree Nation #102, 2013 SKQB 198 (CanLII):
To maintain a cause of action in trespass, the plaintiffs must allege the defendants’ unauthorized physical contact or entry onto the plaintiffs’ land, and the defendants’ act or interference must be voluntary and intentional, or negligent. Hoffman v. Monsanto, 2005 SKQB 225, [2005] 7 W.W.R. 665, at paragraph 127.
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