What is the test for determining whether a trespasser's intent to trespass is intentional?

Ontario, Canada


The following excerpt is from G.T. et al v. D. Saunders et al, 2014 ONSC 4422 (CanLII):

In a case cited by the plaintiffs, Wigle v. Vanderkruk, [2005] O.J. No. 3032 (S.C.J.), the court held that the intention of the defendant was irrelevant. At para. 81, the court concluded: The requisite intent for trespass is present if the defendant desires to make an entry on the land regardless of whether he is aware or not that he is thereby interfering with another’s rights: Fleming, supra at 46. Where the entry is intentional, it is actionable even where it is under a mistake of law or fact or where the defendant honestly believed that the land was his own or that he had a right of entry on it: Klar et al., supra at 23 – 25.

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