What is the legal test for mistake as to ownership of a tree?
Ontario, Canada
The following excerpt is from Gburski v Healey, 2012 CanLII 97090 (ON SCSM):
The reasoning in Perdue v. Vanderham (2004), 26 R.P.R. (4th) applied and the law is clear that mistake as to ownership is no defence to trespass involving cutting trees on someone else’s property.
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