Trespass to Property: The Wrongful Interference with Land Including Things Affixed Thereto | White Owl Legal
Helpful?
Yes No Share to Facebook

Trespass to Property:

The Wrongful Interference with Land Including Things Affixed Thereto



Last Updated: July 02 2026

Question: What should I do if someone interferes with my property in Ontario and I want to know whether it could be trespass (civil) or a criminal charge?

Answer: White Owl Legal can help you understand how Ontario law treats property interference and what steps you can take, including when an uninvited entry or exceeding the limits of an invitation can amount to Trespass to Property Act, R.S.O. 1990, c. T.21 and when the facts may also raise issues under the Criminal Code of Canada, R.S.C. 1985, c. C-46.   A paralegal can help you document what happened, identify the key elements courts look for in trespass to land (direct and physical intrusion, voluntary act, and that proof of damage is not always required), and assess potential remedies and realistic damages (including when only nominal damages are likely).   If you want to move forward with a letter of demand, a small-claims strategy, or guidance on next steps, call (289) 839-3075 to discuss your situation in Ontario.

Protections Against Property Interference

Trespass usually brings to mind crime; think break & enter, but the law treats trespass to property as both a civil tort and a prosecutable offence. On the offence side, trespass is addressed in the Trespass to Property Act, R.S.O. 1990, c. T.21, and, where appropriate, the Criminal Code of Canada, R.S.C. 1985, c. C-46. On the civil side, trespass to property is expansive, capturing presence on and interference with the land owned or in the possession of another person without consent or, even with invitation, oversteps the permission or uses the land in an unauthorized manner.

The Law

The case of Ontario Consumers Home Services v. Enercare Inc., 2014 ONSC 4154, provides a clear explanation of what amounts to tortious trespass, stating:


[52]  With respect to the claim of trespass to land Lederman J. in Hudson’s Bay at para. 9 states as follows:

Clerk and Lindsell define trespass to land, at p. 837, as consisting of “any unjustified intrusion by one person upon land in the possession of another”.  Halsbury’s, Vol. 45, para. 1384 states that “every unlawful entry by one person on the land in possession of another is trespassed for which an action lies…

[53]  The elements for the claim of trespass to land are set out by Crane J in Grace v. Fort Erie (Town), 2003 CanLII 48456 (ON SC), [2003] O.J. No. 3475 (SCJ) at para. 86:

The elements of trespass have been described as follows:

  • Any direct and physical intrusion onto land that is in the possession of the plaintiff, (indirect or consequential interference does not constitute trespass).
  • The defendant’s act need not be intentional, but it must be voluntary.
  • Trespass is actionable without proof of damage.
  • While some form of physical entry onto or contact with the plaintiff’s land is essential to constitute a trespass, the act may involve placing or propelling an object, or discharging some substance onto the plaintiff’s land can constitute trespass.

As shown, trespass to land may be either purposeful or unintended. For example, Gross v. Wright, [1923] S.C.R. 214, involved a deliberate attempt to encroach upon a neighbour’s property. By contrast, trespass may also arise without wrongful intent, such as when a boundary is crossed unknowingly, as in Barnstead v. Ramsey, 1996 CanLII 1574, and Sinkewicz v. Schmidt, 1994 CanLII 5148, where trees belonging to a neighbour were mistakenly cut down.

Damages for Trespass

The amount of damage from trespass can be hard to measure. When a trespass happens without causing real harm, deciding on fair compensation can be problematic, and courts usually grant only a nominal award. The Court of Appeal reviewed this issue thoroughly in TMS Lighting Ltd. v. KJS Transport Inc., 2014 ONCA 1, highlighting the challenge of proving damages precisely and stating:


[61]  It is also beyond controversy that a plaintiff bears the onus of proving his or her claimed loss and the quantum of associated damages on a reasonable preponderance of credible evidence.  Further, as the trial judge recognized in this case, a trial judge is obliged to do his or her best to assess the damages suffered by a plaintiff on the available evidence even where difficulties in the quantification of damages render a precise mathematical calculation of a plaintiff’s loss uncertain or impossible.  Mathematical exactitude in the calculation of damages is neither necessary nor realistic in many cases.  The controlling principles were clearly expressed by Finlayson J.A.  of this court in Martin v. Goldfarb, 1998 CanLII 4150 (ON CA), [1998] O.J.  No.  3403, 112 O.A.C.  138, at para.  75, leave to appeal to S.C.C.  refused, [1998] S.C.C.A.  No.  516:

I have concluded that it is a well established principle that where damages in a particular case are by their inherent nature difficult to assess, the court must do the best it can in the circumstances.  That is not to say, however, that a litigant is relieved of his or her duty to prove the facts upon which the damages are estimated.  The distinction drawn in the various authorities, as I see it, is that where the assessment is difficult because of the nature of the damage proved, the difficulty of assessment is no ground for refusing substantial damages even to the point of resorting to guess work.  However, where the absence of evidence makes it impossible to assess damages, the litigant is entitled to nominal damages at best.

See also Cadbury Schweppes Inc.  v. FBI Foods Ltd., 1999 CanLII 705 (SCC), [1999] 1 S.C.R.  142, at para.  99; 100 Main Street East Ltd.  v. W.B.  Construction Ltd.  (1978), 1978 CanLII 1630 (ON CA), 20 O.R.  (2d) 401 (C.A.), 88 D.L.R.  (3d) 1, at para.  80; Penvidic Contracting Co.  v. International Nickel Co.  of Canada, 1975 CanLII 6 (SCC), [1976] 1 S.C.R.  267, at pp.  278-79.

Conclusion

The tort of trespass to land is expansive in its reach. It is a strict liability tort, meaning a person may be liable even for an accidental entry. Where ill will or actual damage is lacking, legal damages are likely to be very small. Even so, an unintended trespass can sometimes create significant harm.

7

NOTE: A substantial number of online searches entailing “lawyers close to me” or “top lawyer in” typically indicate a demand for prompt and proficient legal assistance rather than a particular designation.  In Ontario, certified paralegals fall under the jurisdiction of the same Law Society that governs lawyers and are empowered to represent clients in specified litigation matters.  Skills in advocacy, legal assessment, and procedural expertise are fundamental to this position.  White Owl Legal provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and compelling advocacy with the goal of achieving effective and advantageous outcomes for clients.

AR, BN, CA+|EN, DT, ES, FA, FR, GU, HE, HI
IT, KO, PA, PT, RU, TA, TL, UK, UR, VI, ZH
Send a Message to: White Owl Legal

NOTE: Do not send confidential details about your case.  Using this website does not establish a legal-representative/client relationship.  Use the website for your introduction with White Owl Legal. 
Privacy Policy & Cookies | Terms of Use Your IP Address is: 216.73.217.123




Assistive Controls:  |   |  A A A