Someone is repeatedly trespassing on my Ontario property — what can I do?

In Ontario, entering another person's property without permission or legal authority is trespass to land, a civil wrong (tort). Repeated trespass can also attract provincial enforcement under Ontario's Trespass to Property Act.

Under the Trespass to Property Act, a landowner can post notice (fencing, signs, or red paint markings) that effectively puts potential trespassers on notice that entry is prohibited. Once notice is posted, a person who enters without permission commits a provincial offence, which can result in a fine. You can also verbally or in writing inform a specific person that they are not permitted on your property; after that, any return is a provincial offence.

For persistent individual trespassers, you can also report the incident to the local police, who can enforce the provincial offence and, in serious cases, lay charges. For civil damages, you can bring a claim in Small Claims Court for any actual damages caused by the trespass.

If the trespass is ongoing — for example, someone continually crosses your land — you may seek an injunction from the Superior Court of Justice ordering the person to stop. An injunction is a court order, breach of which is contempt of court.

Document each incident with dates, times, photos or video where possible, and any witnesses. This evidence is valuable for both the provincial offence route and a civil claim or injunction application.