How To Charge Someone With Trespassing In Ontario

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The Trespasser Tango: How to Evict Unwanted Guests (Without Resorting to Dueling Banjos)

So, you've got a rogue roommate who keeps "borrowing" your Netflix login and a suspiciously large amount of your organic kale chips. Or maybe a squirrel with a gambling addiction has taken up residence in your attic (stranger things have happened). Whatever the case, you've got a trespasser on your hands and you want them out, like, yesterday.

But before you unleash your inner ninja and go all "shoves-of-righteous-fury," there are a few things you should know about the legalities of the situation.

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How To Charge Someone With Trespassing In Ontario
How To Charge Someone With Trespassing In Ontario

Step One: Chill Out (For a Second)

We get it. Trespassers are the wasps of the property world - annoying, unwelcome, and frankly, a bit confusing. But in Ontario, there are two main types of trespassing: provincial offences and criminal offences.

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  • Provincial Offences: This is your garden-variety trespasser - the one who wanders into your backyard for a shortcut, or the overly enthusiastic Girl Scout who keeps missing your "Do Not Knock" sign. These situations are usually handled with a Provincial Offences Notice (fancy word for a ticket) and a fine.

  • Criminal Offences: This is the big bad wolf of trespassing. We're talking entering someone's property at night, refusing to leave after being warned, or basically acting like a total menace. This can lead to a criminal charge and some serious jail time.

The key here is figuring out which type of trespasser you're dealing with.

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Step Two: Operation: Gettin' Those Scofflaws Outta Here

Alright, Mr. or Ms. Property Defender, it's time to take action! Here's your trespasser wrangling toolbox:

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  • The All-Powerful Trespass Notice: This is your official "get off my lawn" document. You can find templates online or at your local police station. Make sure to deliver it in person (with a witness) or by registered mail.

  • Calling in the Cavalry (A.K.A. The Police): If your trespasser is being belligerent or refusing to leave after the notice, call the police. They can assess the situation and determine if a provincial or criminal charge is appropriate.

  • Civil Court Cavalry (For Those Particularly Sticky Situations): This is for trespassers who cause damage or otherwise disrupt your peace and quiet. You can sue them in civil court to recover any damages.

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Remember: When dealing with trespassers, document everything! Take photos, keep copies of notices, and write down dates and times of incidents.

Step Three: Victory Dance (Trespasser-Free Edition)

You've done it! Your property is once again your own, free from rogue kale chip bandits and Netflix moochers. Now, crank up the tunes and celebrate your eviction expertise with a celebratory dance party (air guitar optional).

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  1. How to Write a Killer Trespass Notice? Keep it clear and concise. State the property address, who the notice is for, and that they are trespassing. Mention the date and your signature.

  2. How to Serve a Trespass Notice? Hand it to the trespasser directly with a witness, or send it by registered mail.

  3. Can I Physically Remove a Trespasser? Not recommended. Leave that to the professionals (i.e., the police).

  4. What if the Trespasser is a Friend/Family Member? Awkward conversation time! Be clear about boundaries and expectations.

  5. Should I Hire a Lawyer? For complex situations or if you're unsure about your rights, consulting a lawyer is always a good idea.

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Quick References
TitleDescription
toronto.cahttps://www.toronto.ca
peelregion.cahttps://www.peelregion.ca
yorku.cahttps://www.yorku.ca
census.govhttps://www.census.gov/international
on.cahttps://www.premier.gov.on.ca

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