16 Questions
According to the Trespass to Property Act Ontario, who is considered as 'Agent of the Occupier'?
Security Guards contracted by the Owner or Agent of Private 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
What is the maximum fine for trespassing as per the Trespass to Property Act?
$2000.00
According to the Trespass to Property Act, when is a person guilty of an offence?
All of the above
What is the primary responsibility of Security Guards as per the Trespass to Property Act?
To protect life, property, and minimize liability
According to the Trespass to Property Act, who has the burden of proof for express permission for entry?
The defendant
How are most trespass issues recommended to be handled according to the Trespass to Property Act?
By means short of arrest
What does section 9, (1) allow for?
Arrest without warrant of any person believed to be on the premises in contravention of section 2
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
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
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
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
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
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
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
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
Test your knowledge of the Trespass to Property Act (T.P.A.) Ontario, R.S.O. 1990 with this quiz designed for security guards. From understanding the concept of "Agent of the Occupier" to upholding responsibilities to protect life and property, this quiz covers essential aspects of the act that every security guard should be familiar with.
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