Do you pursue a wounded animal even if it means trespassing?

[Gilroy]

However I would hope that any hunter would allow another hunter to at least retrieve his deer etc. I guess I was brought up in a part of Canada where people get along.

Probably why so many people from Ontario moving to NS and NB to retire LOL. There is a large influx. Some reports are they were shocked when neighbors said hi.

I can tell just from your tone I probably would never want you as a Neighbor. Even where I currently live every farmer I have ever met could care less if you skidoo on their property and some were shocked that I asked permission, I thought they were transplants from the Maritime s, turns out they were Dutch.

No you would not want me as a neighbor if you thought you were "entitled" to enter my private property and retrieve a deer just because "down home" they might allow it. There are good reasons folk's don't allow strangers onto their land. One is the Occupiers Liability Act which you should acquaint yourself with and maybe also look at liability under home insurance.

You farmer friend's who allow skidooing on their property might change their minds if somebody get's hurt or killed and they are looking at a multi million dollar law suit.

I have a good friend up north who was sued by a ATV riding lawyer from the GTA who claimed he was hurt on my friends driveway, this stranger has no permission to be there and has sued before and got money settlements in similar circumstance's. My friend went through
years of a process and refused any settlement be issued to this lawyer and the lawyer went away empty handed.

[werner.reiche]

No you would not want me as a neighbor if you thought you were "entitled" to enter my private property and retrieve a deer just because "down home" they might allow it. There are good reasons folk's don't allow strangers onto their land. One is the Occupiers Liability Act which you should acquaint yourself with and maybe also look at liability under home insurance.

You farmer friend's who allow skidooing on their property might change their minds if somebody get's hurt or killed and they are looking at a multi million dollar law suit.

I have a good friend up north who was sued by a ATV riding lawyer from the GTA who claimed he was hurt on my friends driveway, this stranger has no permission to be there and has sued before and got money settlements in similar circumstance's. My friend went through
years of a process and refused any settlement be issued to this lawyer and the lawyer went away empty handed.

I'm no lawyer, but there is something strange there.
The OLA is not near so occupier unfriendly as you make it seem.

https://www.canlii.org/en/on/laws/st...1990-c-o2.html



Risks willingly assumed


4 (1) The duty of care provided for in subsection 3 (1) does not apply in respect of risks willingly assumed by the person who enters on the premises, but in that case the occupier owes a duty to the person to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property. R.S.O. 1990, c. O.2, s. 4 (1).


Criminal activity
(2) A person who is on premises with the intention of committing, or in the commission of, a criminal act shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1). R.S.O. 1990, c. O.2, s. 4 (2).




Trespass and permitted recreational activity


(3) A person who enters premises described in subsection (4) shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1),


(a) where the entry is prohibited under the Trespass to Property Act;


(b) where the occupier has posted no notice in respect of entry and has not otherwise expressly permitted entry; or


(c) where the entry is for the purpose of a recreational activity and,


(i) no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association, and


(ii) the person is not being provided with living accommodation by the occupier. R.S.O. 1990, c. O.2, s. 4 (3).

[Gilroy]

I'm no lawyer, but there is something strange there.
The OLA is not near so occupier unfriendly as you make it seem.

https://www.canlii.org/en/on/laws/st...1990-c-o2.html



Risks willingly assumed


4 (1) The duty of care provided for in subsection 3 (1) does not apply in respect of risks willingly assumed by the person who enters on the premises, but in that case the occupier owes a duty to the person to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property. R.S.O. 1990, c. O.2, s. 4 (1).


Criminal activity
(2) A person who is on premises with the intention of committing, or in the commission of, a criminal act shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1). R.S.O. 1990, c. O.2, s. 4 (2).




Trespass and permitted recreational activity


(3) A person who enters premises described in subsection (4) shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1),


(a) where the entry is prohibited under the Trespass to Property Act;


(b) where the occupier has posted no notice in respect of entry and has not otherwise expressly permitted entry; or


(c) where the entry is for the purpose of a recreational activity and,


(i) no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association, and


(ii) the person is not being provided with living accommodation by the occupier. R.S.O. 1990, c. O.2, s. 4 (3).

There was nothing strange about my friend getting sued by a trespassing ATVer.

Why would any landowner take any chance with a stranger entering onto his land and perhaps getting hurt. No upside to this.

ie You allow a hunter with an ATV to enter your land to retrieve a deer, its after dark the said hunter de capitates himself on a barbed wire fence you forgot to mention was in the field, do you not think you might be getting sued by the widow.

[greatwhite]

In NB we call that the Ontario / US mentality. I have also heard from many people in the Toronto area who would never have a friend help them do construction fear they might get sued.

I guess I come from a kinder and friendlier place, I have never in my life been refused access to a property any place. I guess I just look to friendly.

I remember the first time I asked for permission on the farmer down the road property at first he looked at me like I was from Toronto but then I mentioned I use to Lobster fish in NS, well that changed things pretty fast and I was consider just another country folk.

No you would not want me as a neighbor if you thought you were "entitled" to enter my private property and retrieve a deer just because "down home" they might allow it. There are good reasons folk's don't allow strangers onto their land. One is the Occupiers Liability Act which you should acquaint yourself with and maybe also look at liability under home insurance.

You farmer friend's who allow skidooing on their property might change their minds if somebody get's hurt or killed and they are looking at a multi million dollar law suit.

I have a good friend up north who was sued by a ATV riding lawyer from the GTA who claimed he was hurt on my friends driveway, this stranger has no permission to be there and has sued before and got money settlements in similar circumstance's. My friend went through
years of a process and refused any settlement be issued to this lawyer and the lawyer went away empty handed.

[greatwhite]

I guess that is why so many people from Ontario are moving to NB and NS to be around friendly down to earth people and most are comming from the Toronto region.

No you would not want me as a neighbor if you thought you were "entitled" to enter my private property and retrieve a deer just because "down home" they might allow it. There are good reasons folk's don't allow strangers onto their land. One is the Occupiers Liability Act which you should acquaint yourself with and maybe also look at liability under home insurance.

You farmer friend's who allow skidooing on their property might change their minds if somebody get's hurt or killed and they are looking at a multi million dollar law suit.

I have a good friend up north who was sued by a ATV riding lawyer from the GTA who claimed he was hurt on my friends driveway, this stranger has no permission to be there and has sued before and got money settlements in similar circumstance's. My friend went through
years of a process and refused any settlement be issued to this lawyer and the lawyer went away empty handed.

[Gilroy]

I guess that is why so many people from Ontario are moving to NB and NS to be around friendly down to earth people and most are comming from the Toronto region.

Not really the attraction of NB and NS are the home and land prices, its just an added bonus the people are nice. I have people moving from Toronto to Bancroft again the price is the determining factor and more so now that they can work from home.

[greatwhite]

Something I have notice is your Left wing , but if a Left wing idea was to affect you your against it. Funny how Liberals are all for sharing except their own LOL.

I get Skidooers coming through my property and I only have 3/4 of ac, could not care less.

would be nice if they offered my son a spin other that that all is well.

According to the CBC article I had read they found the people friendlier.

Not really the attraction of NB and NS are the home and land prices, its just an added bonus the people are nice. I have people moving from Toronto to Bancroft again the price is the determining factor and more so now that they can work from home.

[Gilroy]

Something I have notice is your Left wing , but if a Left wing idea was to affect you your against it. Funny how Liberals are all for sharing except their own LOL.

I get Skidooers coming through my property and I only have 3/4 of ac, could not care less.

would be nice if they offered my son a spin other that that all is well.

According to the CBC article I had read they found the people friendlier.

I am a Liberal who does not want to take on any liability with a stranger coming onto my land. Nothing to do with sharing ,maybe you are naïve.?

[Bushmoose]

Something I have notice is your Left wing , but if a Left wing idea was to affect you your against it. Funny how Liberals are all for sharing except their own LOL..

Don't you mean "wingnut"? Oh well, same thing I guess?

[MikePal]

I get Skidooers coming through my property and I only have 3/4 of ac, could not care less.

Our local club has a big dinner in the spring and invites all land owners whose property they use to come for a free dinner. You should look into it, great opportunity to meet the neighbours etc.