What are the elements of trespass and what is the test for damages?
British Columbia, Canada
The following excerpt is from Chow v Wichacz, 2022 BCSC 9 (CanLII):
The defendant did not directly address the plaintiff’s trespass claims in his argument. Mr. Justice Taylor summarized the elements of trespass in Ward v. Cariboo (Regional District), 2021 BCSC 1495 at paras. 49-54. Among other things, it states that the tort of trespass is committed by entry upon, remaining upon or projecting any object upon land in the possession of the plaintiff without lawful excuse. The party claiming has to establish that the intrusion onto the land is direct, the interference with land must be intentional or negligent and the defendant’s interference must be physical. Trespass is actionable per se and does not require proof of damage.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back? (British Columbia, Canada)
What is the range of damages for damages awarded to a plaintiff who was injured in a dispute with her neighbour over noise and/or nuisance? (British Columbia, Canada)
What factors will be considered in determining entitlement to damages under the head of damage? (British Columbia, Canada)
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
Is there any difference between the assessment of damages in lieu of specific performance and the amount of damages assessed at the date of judgment? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
What are the elements of a plaintiff's claim for non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What is the proper measure of damages for damages where a defect in a motor vehicle is not disclosed? (British Columbia, Canada)
In what circumstances will a court issue a special levy to repair a damaged or damaged property? (British Columbia, Canada)
What is the range of damages awarded in a personal injury action against a property owner who lost access to their property due to trespass? (British Columbia, Canada)
