The defendant was charged with trespassing contrary to section 2(1)(a)(i) of the Trespass to Property Act after being served with a notice of trespass and subsequently travelling on a road that crossed the Bergen property to access his landlocked parcel.
The Crown proved the essential elements of the offence beyond a reasonable doubt.
However, the court found that the defendant had a limited statutory right to use the road as an access road under the Road Access Act, which confers on users of access roads a temporary right to travel to and from their properties without being considered trespassers until a court order closing the road is obtained.
The defendant was acquitted.
