Telus ordered to pay B.C. woman $400 for trespassing on property

A B.C. small claims tribunal has ordered Telus to pay a British Columbia woman more than $400 in compensation for the telecommunications giant's employees trespassing on her property.

According to a B.C. Civil Resolution Tribunal decision posted this week, Linda Langston sued the company after a series of conflicts startingin July 2022 when Telusbegan upgrading cables in her areafrom copper to fibre.

"Some of this work required access to two B.C. Hydro poles on Ms. Langston's property," the decision says.

"She permitted the workers to proceed with their work on these occasions, but asked that they contact her in advance for permission to enter her property in the future so that she could restrain her animals. Telus does not dispute this."

'An altercation ensued'

Langston represented herself before the tribunal, which handles claims worth up to $5,000, whereas Telus was represented by an employee.

The decision says relations between the parties got off to a rocky start on July 29, 2022 when a Telus employee parked in Langston's driveway "and opened her gate, resulting in one of Ms. Langston's dogs getting out."

"An altercation ensued, and Telus left Ms. Langston's property without completing the testing," wrote tribunal member Alison Wake.

Two months later, on Sept. 15, 2022, a Telus technician parked in Langston's driveway, left her gate open and accessed one of the poles by ladder.

"Telus does not dispute this, and says that this technician was attempting to install services for one of Ms. Langston's neighbours and was unaware of the ongoing discussions about access to Ms. Langston's property," wrote Wake.

In the months that followed, Langstonand Telus went back and forth over times the company could access her property. At one point, she said she needed 24 hours warning. At another, after Telus advisedLangston a crew would show up, no one arrived.

"Ms. Langston emailed a Telus employee saying that she had locked up her dogs and horses and had seen two Telus vehicles drive past, but no one had come onto her property," the decision says.

An employee told Langstonthe crew had assessed the work and decided they didn't need access, but no one managed to reach her with the news.

By January 2023, Langston and Telus were attempting to reach a right of way agreement for Telus to come onto the property, but negotiations stalled. Langston asked Telus to remove its equipment from her property, and the case ultimately ended up in court.

'Telus knew or ought to have known'

According to Wake, "trespassoccurs when someone enters another person's land without lawful justification."

"They must do so intentionally," the decison says.

"This does not mean that they intended to commit a wrongful act, but that their actions were voluntary. Mistake is not a defence to trespass."

Consent is a defence to trespass, but the tribunal found while Langston consented at first, she later "clearly communicated that she did not consent to Telus accessing her property without prior notice and permission."

Wake concluded Telus had trespassed three times including one"trivial" incident in February 2023, when a truck turned a vehicle around in her driveway.

Langston claimed $5,000 in damages for treatmentshe said included bullying and harassment, but Telus said she provided no evidence of actual damages.

Wake ultimately concluded an award of $300 was warranted, plus interest and $100 to pay for half of the cost of filing the lawsuit.

"Telus knew or ought to have known that it did not have a right of way to access Ms. Langston's property," Wake wrote.

"And yet its workers twice accessed Ms. Langston's property, including opening her gate, parking in her driveway, and accessing the BC Hydro pole, without prior warning or permission."