Trespass to Property Act (T

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According to the Trespass to Property Act Ontario, who is considered as 'Agent of the Occupier'?

Security Guards contracted by a third party unrelated to the property

Security Guards contracted by the Owner or Agent of Private Property (correct)

Security Guards contracted by the government

Any individual present on the property

What is the 'reverse onus' under the Trespass to Property Act?

The burden of proof rests on the defendant to prove express permission for entry (correct)

The burden of proof rests on the law enforcement to prove illegal activity

The burden of proof rests on the property owner to prove trespassing

The burden of proof rests on the government to prove unauthorized entry

What is the maximum fine for trespassing as per the Trespass to Property Act?

$2000.00 (correct)

$1000.00

$1500.00

$5000.00

According to the Trespass to Property Act, when is a person guilty of an offence?

All of the above Signup and view all the answers

What is the primary responsibility of Security Guards as per the Trespass to Property Act?

To protect life, property, and minimize liability Signup and view all the answers

According to the Trespass to Property Act, who has the burden of proof for express permission for entry?

The defendant Signup and view all the answers

How are most trespass issues recommended to be handled according to the Trespass to Property Act?

By means short of arrest Signup and view all the answers

What does section 9, (1) allow for?

Arrest without warrant of any person believed to be on the premises in contravention of section 2 Signup and view all the answers

According to the case law R V Asante-Mensah S.C.J. No.38, what did the judge state about the use of reasonable force in a trespass arrest?

Reasonable force is justifiable if used considering all of the circumstances Signup and view all the answers

What did the decision in Tucker v. Cadillac Fairview Corp. O.J. No. 2921 reinforce?

Many trespass offences are of trivial importance and are best handled by means short of arrest Signup and view all the answers

What fundamental questions did the judge ask regarding the tests if a trespass arrest is reasonable or not?

Questions about the appellants' activities, behavior, previous trespass notices or prosecutions, and willingness to wait for a police officer Signup and view all the answers

What does the judge consider under the Trespass to Property Act regarding reasonable force?

Not only what force is necessary to accomplish the arrest, but also considering all of the circumstances if arrest was a reasonable course of action Signup and view all the answers

According to the text, what does the decision in Tucker v. Cadillac Fairview Corp. O.J. No. 2921 provide strong precedents for?

Trespass arrests that are justified under the circumstances Signup and view all the answers

According to the text, what did the judge state about the handling of many trespass arrests?

Many trespass arrests are so 'trivial' in nature that they are best handled by means short of arrest Signup and view all the answers

What does the decision in R V Asante-Mensah S.C.J. No.38 state about the use of force in a trespass arrest?

As long as force used is reasonable considering all of the circumstances, then using force to conduct the arrest is justifiable Signup and view all the answers

What does the decision in Tucker v. Cadillac Fairview Corp. O.J. No. 2921 take into account?

Whether an arrest is reasonable in the first place Signup and view all the answers

Trespass to Property Act (T

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