What is the range of damages awarded by a court in B.C. for a man who mistakenly thought that he had permission to cut trees that he knew were not on his property?
British Columbia, Canada
The following excerpt is from Great White North Bar & Grill Inc. v. Tompkins, 2010 BCSC 1572 (CanLII):
This was not an intentional, deliberate trespass. The defendant carelessly thought that he had permission to cut trees that he knew were not on his property. He took minimum steps to confirm ownership. His overwhelming desire to surprise his cancer stricken spouse led to recklessness on his part. The degree of culpability is low. It is worthwhile to note here that trespass occurs even if done by accident and in good faith (Verkerk v. McDowell, 1996 CanLII 8517 at para. 17 (B.C.S.C.)). The level of culpability is reflected in the award of general damages.
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