Tort of Trespass (Civil)

Cecchin v Lander, 2019 CanLII 131883 (ON SCSM)

115. The incidents reviewed above establish and I find as a fact that the defendants, acting in concert, committed at least six separate trespasses on or over the plaintiffs’ property. I observe that the plaintiffs at no time retaliated in kind nor indeed are any trespasses alleged against them in the defendants’ pleadings.

116. The law protects real property rights with particular care. Unlike most other causes of action, nominal damages are awarded for trespass even if no specific loss or damage is established. In the context of neighbour disputes particularly, trespasses are disrespectful and may be part of a strategy to provoke or annoy. If the law were to provide no remedy, it would only encourage escalation of such disputes along with the potential for resort to self-help remedies. In this case as the plaintiffs conceded in submissions, if trespass had been the only issue it would not have justified litigation. But it is not the only issue and the court’s duty in any event is to decide cases on their merits. In this case the court has found multiple trespasses to have occurred.

117. Nominal damages for trespass have recently been assessed at $200: Skraba v. Crisafi (2014), 2014 ONSC 6780 (CanLII), 49 R.P.R. (5th) 248 (Ont. S.C.J.); Parsons v. Waterloo Regional Police Services, [2013] O.J. No. 3818 (Sm. Cl. Ct.). In this case at least six trespasses are established and therefore the plaintiffs’ request for $1,000 is entirely reasonable.