Yes No Share to Facebook
Trespass to Property:
The Wrongful Interference with Land Including Things Affixed Thereto
Last Updated: March 30 2026
Question: What can I do in Ontario if someone keeps trespassing on my property or interfering with my land?
Answer: Hall Paralegal Services provides Ontario paralegal services to help you document the incidents, send a formal demand to stop the trespass, and pursue civil remedies or Provincial Offences enforcement under Trespass to Property Act, R.S.O. 1990, c. T.21 when appropriate. If the matter proceeds as a tort claim, Hall Paralegal Services can assist with evidence, negotiation, and court process to address unauthorized entry or physical interference with your land, where damages may be nominal or substantial depending on proven loss.
Protections Against Property Interference
Most people associate trespassing with criminal law, like a break & enter; however, trespass to property is also a civil tort as well as a prosecutable offence. As a prosecutable offence, trespass to property is addressed by the Trespass to Property Act, R.S.O. 1990, c. T.21, along with the case law, and in some situations the Criminal Code of Canada, R.S.C. 1985, c. C-46, depending on the circumstances. As a tort, trespass to property is broad and covers being on and interfering with the land of another person; and the tort of trespass can arise whenever a person enters land without permission, or, even if invited, goes beyond what was permitted or uses the land in an unauthorized way.
The Law
In Ontario Consumers Home Services v. Enercare Inc., 2014 ONSC 4154, the Court explained the meaning of 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.
Trespass to land may happen both deliberately and accidentally. A deliberate example comes from Gross v. Wright, [1923] S.C.R. 214, where one party tried to seize space from a neighbour. Trespass can also happen by mistake, such as crossing a property line without realizing, as occurred in Barnstead v. Ramsey, 1996 CanLII 1574, and Sinkewicz v. Schmidt, 1994 CanLII 5148, where trees belonging to a neighbour were cut down by mistake.
Damages for Trespass
Calculating trespass damages is often complex. In cases of technical trespass with no resulting injury, compensation is usually limited to a token amount. The Court of Appeal discussed this difficulty at length in TMS Lighting Ltd. v. KJS Transport Inc., 2014 ONCA 1, emphasizing that proving damages with accuracy is challenging 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 property is extremely broad in potential application. As a strict tort, liability for trespass may occur even when the trepass was accidental; however, in the absence of illicit intentions or harm, it is anticipated that such an innocent trespass would yield very little damages. With such said, sometimes an accidental trespass without illicit intentions may still result in significant harm.
NOTE: A significant plethora of online searches featuring “lawyers near me” or “best lawyer in” frequently indicates a pressing requirement for adept legal support rather than a particular professional designation. In , licensed paralegals operate under the same Law Society that governs lawyers and are permitted to represent clients in specific litigation matters. Skills in advocacy, legal analysis, and procedural expertise are fundamental to that function. Hall Paralegal Services provides legal representation within its regulated mandate/scope, focusing on strategic positioning, evidentiary preparation, and compelling advocacy designed to achieve prompt and advantageous outcomes for clients.