You would (probably) be pretty scared if someone trespassed onto your property and rightly so. That said, the law sets out specific steps that you should take in this instance. This is especially true if the trespasser is hurt while on your property.
Trespassing laws and premises liability
Canada has three laws that form the basis of trespassing. If you were to hire a personal injury lawyer,he or she would tell you that these are tort law, provincial legislation, and criminal law.
Your personal injury lawyer will tell you that trespassing can happen in two instances. The first is when someone comes onto your property without your permission. The second is when you withdraw permission for someone to be on your property. This type of crime is referred to as ‘trespass to land.’ Your personal injury lawyer in Waterdown will tell you that it’s one of the oldest tort laws in English common law.
People who commit the ‘trespass to land’ crime can and are held liable for their actions. They can even be sued by the property owner. This includes punitive damages if they intended to do malicious things while on the property.
Tort law states that a person may not be considered to be a trespasser if he or she went onto a particular property during the daytime (daylight) and the property had a precise path but lacked a sign that clearly stated that trespassing was prohibited. According to tort law the fact that there was no visible sign present implies that you granted the person permission to come onto your property. Your lawyer will tell you that. That said, tort law does allow you to revoke consent whenever you want to. You can then ask the visitor to leave or charge him or her with trespassing.
People who do illegal things while on your premises and refuse to leave when you tell them to are also guilty of trespassing. Some Canadian provinces have the Reverse Onus provision. People who are on your property are considered to be trespassing if they are in the following locations:
● A private garden
● A field or cultivated land
● Fenced grounds that are cultivated or hold animals
● Land that has relevant signage
A person who goes onto a meadow or field that you own isn’t considered to be trespassing unless you post a sign on the premises that explicitly states that it’s prohibited. Your lawyer will tell you that.
The implied permission rule does not apply, if a person trespasses on your property between the hours of 9 at night and 6 in the morning. Your personal injury lawyer will tell you this. This is because hanging out on someone else’s property at night without their permission is a crime. The Criminal Code explicitly states that.