Last Updated: August 22 2026
How do I respond if someone interferes with my property in Ontario and I think it is trespass?
If someone uninvitedly enters your land or interferes with how you can use it, Ontario trespass to property can create both a civil claim (tort) and, depending on the facts, a charge under the Trespass to Property Act, R.S.O. 1990, c. T.21 (and sometimes related criminal offences). A paralegal at Freed Legal Services can help you gather and document evidence, identify whether the intrusion was a direct physical act, assess potential damages (including situations involving only technical or token harm), and prepare a practical next step like a demand/letter or guidance for court options in Ontario. Call (800) 716-1897 to book a consult and protect your rights the right way.
Add this website to Google Preferred Sources
Protections Against Property Interference
The term trespassing is well understood in relation to criminal law such as where an intruder breaks and enters into a home or other building; however, the term trespassing also relates to civil law tort as well as a prosecutable provincial offence violation. As a prosecutable provincial offence, trespassing is addressed within the Trespass to Property Act, R.S.O. 1990, c. T.21 and, in some circumstances the Criminal Code of Canada, R.S.C. 1985, c. C-46 where the trespass occurs as a break and enter to commit a crime. As tortious conduct in the civil law realm, which may arise in combination with trespass as a provincial offence or criminal charges, but may arise without such other issues, trespass is very broadly applicable to situations where an interference by presence upon land occurs and could, technically, arise any time an uninvited person enters upon the land without permission.
Note: Please contact Freed Legal Services by phone at: (800) 716-1897 to discuss any specific questions that you may have.
The Law
Guidance on what qualifies as tortious trespass is outlined in the decision of Ontario Consumers Home Services v. Enercare Inc., 2014 ONSC 4154, where it was stated:
[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 property, or trespass to land, covers both intentional and accidental situations. In Gross v. Wright, [1923] S.C.R. 214, the trespass was deliberate, involving an attempt to steal a neighbour’s space. On the other hand, trespass can arise innocently, such as crossing into another’s property without realizing, as demonstrated in Barnstead v. Ramsey, 1996 CanLII 1574, and Sinkewicz v. Schmidt, 1994 CanLII 5148, where the cutting of neighbour-owned trees was accidental.
Damages for Trespass
Figuring out the exact harm caused by trespass is often tricky. Sometimes, in cases of technical trespass where no real damage occurs, finding the right remedy can also be difficult. In those situations, courts usually award only a token amount. The Court of Appeal explored this issue of trespass damages in detail in TMS Lighting Ltd. v. KJS Transport Inc., 2014 ONCA 1, noting, among other things, the challenge of proving damages with precision 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
Trespass to property covers a very broad range of situations. Since it is treated as a strict tort, liability may arise even for a mistake. When the trespass involves no improper purpose and no harm, courts generally award only a token sum. Nonetheless, innocent trespass can still cause serious harm in some cases.
NOTE: A significant quantity of inquiries featuring “lawyers near me” or “best lawyer in” typically indicates a requirement for prompt and proficient legal counsel rather than a specific job title. In Ontario, “licensed paralegals” operate under the regulation of the same Law Society that supervises lawyers and are permitted to represent clients in specific litigation cases. Skills in advocacy, legal analysis, and procedural proficiency are fundamental to that function. Freed Legal Services provides legal representation within its authorized mandate/scope, focusing on strategic positioning, evidentiary preparation, and compelling advocacy aimed at securing efficient and advantageous outcomes for clients.
