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Old 04-19-2007, 11:05 AM   #25
tete
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Join Date: Mar 2007
Location: Calgary
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Quote:
Originally Posted by Kev View Post
So for you two human rights activists (gottabekd and VanCity). If I break into your house looking to steal something, and in the process, end up falling through the window and breaking my jaw and chipping a tooth and can't chew properly anymore, would you be alright with it if I sued you personally for damages?
Under the Occupier's Liability Act, the occupant does not owe a duty of care to a trespasser on the occupier's premesis (Sec. 12(1)) If the trespasser is injured due to reckless and willful conduct of the occupant, yes, then the trespasser can sue. But injuring youself by breaking in? Unlikely that it'd go through.
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