SPB review notes
- "Elements of the tort": change this heading to "Trespass to land".
- See generally https://en.wikipedia.org/wiki/Trespass_to_land
- "BA v The King (2023)" - please work with another RA to adopt consistent citation and footnote style. Citing sources and using footnotes appropriately is crucial.
- Look at the definition of trespass in Fitzpatrick, para 135 in the casebook. Note how the court relies on the great Entick case.
- Four elements: where did you elucidate these elements from? Please cite sources. Please work with other RAs to develop elements boxes.
- Check your definition of intent; I don't think it's right. Discuss with Gabriella as intent addressed in https://wiki.ubc.ca/Sandbox:Torts/Intentional_interference_with_things
- Is Lack of lawful justification an element of the tort or a defence to the tort?
- Canadian statues on trespass: these are criminal offences, not tortious. Be more clear in distinguishing the two.
- "Trespassing at night" - can this be linked to the Criminal Law Notebook?
- Defence of property: distinguish common law tort defences (see cases in casebook and elsewhere) from criminal statute.