What is the "mild" or "severe" rule when dealing with trespassing?
Nova Scotia, Canada
The following excerpt is from Donovan v. Gunn, 2016 NSSC 234 (CanLII):
The mild rule applies when the actions of the trespasser are genuine and based on an honest mistake as to ownership. The severe rule is reserved for cases where the conduct is wilful and fraudulent. (Saulnier v. Bain, 2006 NSSC 27)
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