Rowanoak Law LLP - Serving Sylvan Lake & Central Alberta
  • Home
  • Chambers Arbitrations
  • About Us
    • Areas of Law >
      • Family Law >
        • Family Law - General
        • Collaborative Family Law
        • Children's Law
      • Adult Guardianship and Trusteeship
      • Civil Litigation
      • Corporate and Commercial Law
      • Probate & Estate Administration
      • Estate Litigation
      • Mediation and Arbitration
      • Real Estate
      • Wills, Enduring Power of Attorney and Personal Directives
      • Contracts
      • Immigration
      • Trademark
    • Other Services >
      • Boardroom Rental
      • Notary Public
      • Limited Retainer
      • Upcoming Seminars
    • Our Lawyers >
      • Sharon J. Crooks Q.C.
      • Kelly R. Stewart
      • Allison Ross
      • Christopher J. Dick
      • Harry W. Sawchuk
      • Irvin A. Bautista
      • Corbin J. Zoeteman
  • Testimonials
  • Contact Us
  • Resources
    • Blog
  • FAQ
  • Careers
  • Upcoming Seminars

Case: Trespassing on property

6/19/2018

0 Comments

 
A recent Alberta Provincial Court decision by Judge Skinner provided some guidelines for when a trespasser stays on private property, or becomes a trespasser by refusing to leave.

 In this Red Deer case a charge of assault was dismissed where a male entered onto a business premises with another woman, stayed to talk to the business owner by permission, then was asked to leave by the abrupt words and actions of the owner.  While the situation settled down and further discussion took place without hostility, including talks with that same male, there was a brief and minor physical interaction between the owner and him where physical contact was instigated by the owner, but some response was made by that male.

Judge Skinner found the male not guilty of the alleged assault and spoke to the issue of someone being on private property after being asked to leave.  He stated that the person who is a trespasser, or whose permission to remain on property has been revoked and thereby becomes a trespasser, must have sufficient warning to vacate that property, and also sufficient time to leave that same property.

 In finding that those criteria had not been met in this case, he dismissed the charge.

This finding, and the reasoning of the Judge, is notable in cases where farmers or acreage owners find unwanted trespassers on their land and want them to leave.  Adequate notice must first be given, then adequate time for the trespasser to leave as requested.  If the trespasser does not so act, they may be subject to criminal charges.  Somewhat the same criteria should apply in cases where an assault is alleged, but inadequate opportunity is given for that person to correct the alleged infraction.

This case is notable in view of the spate of rural crimes, and the desire for property owners to protect themselves and their property.  Judge Skinner's Decision provides some guidance as to how steps should be taken to get trespassers off that property.

Jim MacSween

Jim MacSween is a Partner with Rowanoak Law Office LLP.

0 Comments



Leave a Reply.

    Rowanoak Law Group LLP

    Welcome to Rowanoak Law Office LLP blog.  Stay tuned for blog posts every week from our lawyers.

    Archives

    August 2019
    May 2019
    April 2019
    March 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    April 2017

    Categories

    All
    Litigation
    Questioning

    RSS Feed

Copyright © 2016 Rowanoak Law LLP - All Rights Reserved
Developed by Creative 4 Site

​Click Here to Log In
Click to set custom HTML
  • Home
  • Chambers Arbitrations
  • About Us
    • Areas of Law >
      • Family Law >
        • Family Law - General
        • Collaborative Family Law
        • Children's Law
      • Adult Guardianship and Trusteeship
      • Civil Litigation
      • Corporate and Commercial Law
      • Probate & Estate Administration
      • Estate Litigation
      • Mediation and Arbitration
      • Real Estate
      • Wills, Enduring Power of Attorney and Personal Directives
      • Contracts
      • Immigration
      • Trademark
    • Other Services >
      • Boardroom Rental
      • Notary Public
      • Limited Retainer
      • Upcoming Seminars
    • Our Lawyers >
      • Sharon J. Crooks Q.C.
      • Kelly R. Stewart
      • Allison Ross
      • Christopher J. Dick
      • Harry W. Sawchuk
      • Irvin A. Bautista
      • Corbin J. Zoeteman
  • Testimonials
  • Contact Us
  • Resources
    • Blog
  • FAQ
  • Careers
  • Upcoming Seminars