Quote:
Originally Posted by CorsiHockeyLeague
In Canada, there is a tort of nuisance, a tort of negligence, and I guess if you were to go onto the homeowner's property to get your ball back, a tort of trespass. There is no cause of action called "property damage", despite what certain dunning-kruger afflicted individuals might want to tell you.
|
This guy should be looking for legal help from CHL, seeing as property damage isn't a thing.
http://www.rcmp-grc.gc.ca/en/news/20...esults-charges
The RCMP seem to investigate "property damage" a lot for something that isn't against the law.
http://www.rcmp-grc.gc.ca/en/news/20...roperty-damage
http://www.rcmp-grc.gc.ca/en/news/20...ley-substation
http://www.rcmp-grc.gc.ca/en/news/20...eft-ball-field
http://www.rcmp-grc.gc.ca/en/news/20...music-festival
http://www.rcmp-grc.gc.ca/en/news/20...murray-harbour
http://www.rcmp-grc.gc.ca/en/news/20...roperty-damage
Not just the RCMP either. CPS appears to be in the mix.
https://newsroom.calgary.ca/police-s...amage-suspect/
Contrary to what the King of Torts has to say, property damage is a thing. That's why there are lawyers who specialize in this type of thing and why law enforcement investigates it with such regularity.
I'm glad you acknowledge the issue of liability, and the concept of intent. Without intent it is difficult to establish that a law was broken. A golfer - unless a real dick - does not have intent on hitting a house and can clearly make the argument that there was no intent. Unless the house is directly in line, the golfer has no intent of hitting the structure or in its direction, meaning this this is an act of god or good old LOFT.