What is the test for trespass to land?
British Columbia, Canada
The following excerpt is from Cook v. Bhanwath, 1998 CanLII 3081 (BC SC):
Historically the action of trespass to land arises from any unjustifiable intrusion by one person upon land in the possession of another, and is complete upon the slightest crossing of the boundary of the property. The action is ancient in origin and, like all other forms of trespass, it is actionable per se without any proof of damage Ashby v. White (1703) 2 Ld. Raym 938.
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