Is there an obligation to fence property under the Trespass Act?

The defendant references Gardiner v. Robinson, 2006 BCSC 1014 where, in obiter dicta, the court held there was an obligation to fence property under the Trespass Act. The court did not consider the extension of the operation of the Act or its application to unorganized or organized areas.

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.