Someone is trespassing on my property. What can I do?

4. Think about other remedies

Depending on the situation, you might be able to ask a court for money because of damage to your property. You might also be able to ask for a court order called an injunction to get the trespasser off your property.

If you're asking for monetary , make sure you take photos of the damage. You should also take notes of what happened because you will probably have to testify if there is a trial. Make notes of things like:

  • what was damaged
  • how it was damaged
  • how badly it was damaged
  • the value of the objects damaged

Try talking to trespasser about the damage they caused and what you want done about it. You can put this in writing. If the trespasser doesn't agree, and you want to get money for damage to your property, you have a few options.

Provincial offences ticket

If the trespasser has received a provincial offences ticket, then the court might order them to compensate you when they pay the fine. There is no limit on the amount of damages you can ask for, but you must show that the amount reflects the damage caused.

Before the Justice of the Peace orders any money for damages, you have to speak with the prosecutor. It's up to the prosecutor to decide whether to ask for money for damages.

Civil lawsuit

You can think about starting a civil claim.

If your claim is for less than $35,000, then you can go to Small Claims Court. If your claim is for more than that, then you have to go to Superior Court.

You're the . You must prove that your property was damaged and the amount of damages. In most cases, a court will only award a very small amount for damages where the trespass resulted in no harm.

Where the trespass resulted in damage to property, for example, damage to fences, gardens, or trees, the court may award a higher amount for damages.

Injunction

You can ask the court for things other than money. For example, you can ask for a court order telling the trespasser that they cannot come back onto your property. This is called an injunction. You can only ask for this in Superior Court.

It's very hard to get an injunction without a lawyer. It's a good idea to try to get legal help.

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