What is the difference between negligence and trespass?
Yukon, Canada
The following excerpt is from Trans North Turbo Air Ltd. et al. v. North 60 Petro Ltd. et al., 2003 YKSC 18 (CanLII):
The plaintiffs have pleaded negligence and trespass as separate causes of action. The reason for this is that, in Canadian law of trespass, where a plaintiff is injured by force applied directly to him by the defendant, the plaintiffs’ case is made by proving this fact and the defendant has the onus to establish the absence of intention and negligence (see Cook v. Lewis, 1951 CanLII 26 (SCC), [1952] 1 D.L.R. 1 (S.C.C.)).
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