Podcast
Questions and Answers
Which form of notice is legally sufficient to establish that entry onto a property is prohibited?
Which form of notice is legally sufficient to establish that entry onto a property is prohibited?
What does a red marking on a property typically signify regarding entry?
What does a red marking on a property typically signify regarding entry?
If a property displays a yellow marking, what does this generally imply about entry permissions?
If a property displays a yellow marking, what does this generally imply about entry permissions?
Under what circumstances can an individual make a lawful arrest for trespassing without a warrant on a property?
Under what circumstances can an individual make a lawful arrest for trespassing without a warrant on a property?
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What is the immediate next step an occupier must take after arresting someone for trespassing on their property?
What is the immediate next step an occupier must take after arresting someone for trespassing on their property?
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When is a police officer authorized to arrest a person for trespassing, even if that person is no longer on the property?
When is a police officer authorized to arrest a person for trespassing, even if that person is no longer on the property?
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If an act of trespassing leads to property damage, what recourse does the property owner have through the courts?
If an act of trespassing leads to property damage, what recourse does the property owner have through the courts?
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Under the Trespass to Property Act, which individual or entity is considered an 'occupier'?
Under the Trespass to Property Act, which individual or entity is considered an 'occupier'?
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Which of the following is NOT explicitly included in the definition of 'premises' according to the Trespass to Property Act?
Which of the following is NOT explicitly included in the definition of 'premises' according to the Trespass to Property Act?
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According to the Trespass to Property Act, under which section is a school board designated as an occupier for its school sites?
According to the Trespass to Property Act, under which section is a school board designated as an occupier for its school sites?
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According to the Trespass to Property Act, which of the following actions would constitute trespassing?
According to the Trespass to Property Act, which of the following actions would constitute trespassing?
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What is the maximum fine that can be imposed for trespassing, as stipulated by the Trespass to Property Act?
What is the maximum fine that can be imposed for trespassing, as stipulated by the Trespass to Property Act?
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Under what circumstances would the 'Colour of Right' defense potentially allow a person to avoid a trespassing charge?
Under what circumstances would the 'Colour of Right' defense potentially allow a person to avoid a trespassing charge?
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In which situation is entry on premises automatically prohibited, without requiring explicit notice?
In which situation is entry on premises automatically prohibited, without requiring explicit notice?
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What is presumed under the Trespass to Property Act when an individual uses an access path that leads to a door of a building?
What is presumed under the Trespass to Property Act when an individual uses an access path that leads to a door of a building?
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Flashcards
Red marking on property
Red marking on property
Means that entry is prohibited.
Yellow marking on property
Yellow marking on property
Indicates that entry is permitted for certain activities.
Arrest for trespassing
Arrest for trespassing
Can be made by the occupier, an authorized person, or a police officer without a warrant.
Next step after non-police arrest
Next step after non-police arrest
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Police arrest off premises
Police arrest off premises
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Trespassing and property damage
Trespassing and property damage
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Who is presumed to have permission?
Who is presumed to have permission?
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Duty of property owner in trespassing
Duty of property owner in trespassing
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Occupier under Trespass Act
Occupier under Trespass Act
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Premises definition
Premises definition
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School board as occupier
School board as occupier
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Trespass conditions
Trespass conditions
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Maximum fine for trespass
Maximum fine for trespass
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Colour of Right defense
Colour of Right defense
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Prohibited entry notice
Prohibited entry notice
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Access path presumption
Access path presumption
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Study Notes
Trespass to Property Act (Ontario) - Study Notes
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Occupier Definition: An occupier is a person in physical possession or control of the premises, not just the legal owner.
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"Premises" Definition Exclusions: Aircraft in operation and water are not considered premises under the Act.
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School Board Occupier Status: School boards are considered occupiers of their school sites, as per Section 1(2) of the Act.
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Trespassing Actions: Trespassing involves entering prohibited premises, engaging in prohibited activities, or refusing to leave after being asked by the occupier.
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Maximum Trespassing Fine: The maximum fine for trespassing is $10,000.
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"Colour of Right" Defence: A person can avoid a trespassing charge by demonstrating a reasonable belief they had legal right to be on the property.
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Automatic Entry Prohibition: Entry is automatically prohibited without notice if the property is enclosed by a fence or similar barrier.
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Access Path Presumption: When using an access path leading to a building, one is presumed to have lawful permission unless signs state otherwise.
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Trespassing Notice Methods: Verbal notices, written notices, and police orders are acceptable forms of notice; a silent alarm system is not.
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Property Marking Meanings: Red markings mean entry is prohibited; yellow markings mean entry is permitted for certain activities.
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Occupier Arrest Authority: Occupiers, authorized personnel, and police officers can make arrests for trespassing on premises. Private citizens without property connection cannot.
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Non-Police Occupier Arrest Procedures: Non-police occupiers must immediately contact the police and hand over the arrested person.
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Police Officer Off-Premise Arrest: Police officers can arrest trespassers off premises if they reasonably suspect trespass and recent departure, or if provided information is deemed false.
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Property Damage and Trespassing: Trespassing resulting in damage leads to fines and court-ordered compensation for the damages.
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Description
Dive into the key concepts of the Trespass to Property Act in Ontario with these study notes. Understand definitions, occupier responsibilities, and legal frameworks surrounding trespassing laws. This overview is essential for law students and anyone interested in property rights.
