Claimant Wins Trespass Damage Case at Civil Resolution Tribunal
⚖️ Legal holding
A person is liable for damages caused while trespassing on another's property.
📖 Technical summary
The Tribunal found the respondent liable for damages to the claimant's property.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The video footage provided by the applicant clearly showed the respondent damaging the property.
- The respondent did not provide any evidence to dispute the video and photographs presented by the applicant.
- The damages claimed by the applicant were supported by receipts, making them reasonable and acceptable.
- The applicant's claim for actual damages was not disputed by the respondent.
❌ Tends to be rejected
- The respondent's denial of damaging the property was not backed by any evidence and thus was rejected.
- The respondent's reliance on the RCMP's decision not to take action was deemed irrelevant to the civil matter.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the respondent was responsible for damaging the claimant's yard lights and security camera while trespassing on the claimant's property.
How did the court decide, and why?
The court decided in favour of the claimant because the respondent did not provide any evidence to dispute the claimant's video footage and photographs.
Which laws or rules were applied?
The Civil Resolution Tribunal Act sections 118, 39, 42, and 49 were applied.
What was the argument that mattered most?
The claimant's video footage and photographs showing the respondent damaging the property were the most important evidence.
Was the decision for or against the person who brought the case?
The decision was for the claimant.
What does this mean for someone in a similar situation?
Someone in a similar situation should gather evidence such as video footage or photographs to support their claim.
What evidence or documents mattered?
The video footage and photographs provided by the claimant mattered the most.