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The Trespass to Property Act is a statute enacted by the Legislative Assembly of Ontario, Canada. It addresses illegal entry onto private property, or trespass to land. The current Act was amended most recently in 2016. [1]
Trespass to land, also called trespass to realty or trespass to real property, or sometimes simply trespass, is a common law tort or a crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespass to land is actionable per se ...
In most provinces, trespass to land may also constitute a provincial offence (e.g. Ontario's Trespass to Property Act [14] which provides for compensation for property owners and extinguishes the right to sue under tort law where a property owner receives such compensation under section 12 of the act) but not a criminal offence as criminal law ...
The Revised Statutes of Ontario (RSO; Quebec French: Lois refondues de l'Ontario, LRO) is the name of several consolidations of public acts in the Canadian province of Ontario, promulgated approximately decennially from 1877 to 1990.
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The standard remedy in an action for trespass to chattels is a judgment for an amount equal to the value of loss of use of the property. Damages from a trespass claim are based on the harm caused to the plaintiff, rather than the value of the chattel. Many actions can constitute both conversion and trespass.
The common law may apply many exceptions to the rule that the first finder of lost property has a superior claim of right over any other person except the previous owner. For example, a trespasser's claim to lost property which he finds while trespassing is generally inferior to the claim of the respective landowner. As a corollary to this ...
Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. [ 1 ]