Law Society of Ontario (LSO) Paralegal Practice Exam

Which of the following is a defense against trespass to land or airspace?

1. Financial gain

2. Necessity

3. Annoyance

4. Unfamiliarity with the property

The correct answer is: Necessity

Necessity serves as a valid defense against trespass to land or airspace because it justifies the trespassing action in certain circumstances where it is required to prevent greater harm. For example, if an individual must enter someone else's property to avoid an imminent danger, such as fleeing from a wildfire or seeking shelter from a violent storm, they can argue that necessity compelled their trespass. This defense is rooted in the idea that the need to avert a more serious threat can outweigh the property owner's right to exclude others from their land. This defense is recognized because it balances the rights of the property owner with the need to protect life and safety in emergency situations, distinguishing it from other concepts that do not qualify as justifications, such as financial gain, annoyance, or unfamiliarity with the property, which do not provide legitimate reasons for overriding an owner's rights in the context of trespass.