British Columbia, Canada
The following excerpt is from Henderson v. Bakken, 2010 BCSC 559 (CanLII):
In Duncan v. Sherman, 2006 BCCA 14 there was passing reference to the Trespass Act but it is only mentioned in the context of the interpretation of an Addendum to a contract. There was no discussion and no apparent issue on whether the Act applied.
In Farladeau v. Church (1972), 1972 CanLII 1063 (BC SC), 30 D.L.R. (3d) 614, [1972] B.C.J. No. 515 (S.C.), Berger J. came to the conclusion that the Act did not apply within an area to which municipal bylaws applied. Some of the statements in Farladeau suggest that the court may have applied the Act if there was no operative bylaw.
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