12. Summary Process - Land Recovery

Question 1

When to use summary process for land recovery

Answer 1

• concerns squatters

[Fullrise Resources]

• only clear case of trespass
• can’t use if entry in the first instance is legal e.g. license
• can be implied or express consent
• just like summary judgment, D only need to show triable issue to be entitled to trial
• if there’s consent then there’s triable issue e.g. whether consent valid - so can’t use summary process

Question 2

Summary recovery of land - Consent to enter land

• what type of consent
• case

Answer 2

can be implied or express consent

[Fullrise Resources] summary process can’t be used if the entry to the land in the first instance is lawful

[Shaheen] Fed Court held that the Ds are not squatters simpliciters - the authorities had encouraged the development of the land and had provided assistance for such development

• there is consent to use the land
• since there is consent, there is a triable issue
• so can’t use summary process to recover land
• D entitled to trial

Question 3

Summary process for recovery of land

Ds are unknown squatters - how to be heard

Answer 3

Occupiers must apply to be joined as D in order to be heard

If unnamed persons - lack of locus standi