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awebber
Premium Member
join:2003-04-02
Gloucester, ON

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awebber

Premium Member

How to find out if Rogers has as bury-cable order in place

Rogers tech (actually Link-On or whatever they're called) came to install internet (middle townhouse unit, Rogers box at the end). There was no existing service so a tech was required, but I knew a new cable was installed 3 years ago for TekSavvy rCable (that was legitimate as there had only been analog cable TV in the house). Figured it was just a matter of hooking it up inside the box.

The Link-On tech was incredibly cranky right from the start, then he said there was no available RG6 in the green box (it was still connected at the house) and he had to run new.

How can I find out if there is in fact an order to bury it? Regular Rogers customer service hasn't been any help. It's potentially going to get cut when the grass is cut, or someone might trip over it, and the condo board says they'll bury it (at my expense) if Rogers doesn't.

When this happened 3 years ago (in winter), the tech looped it through the neighbours' patios and then later someone came and buried it. This time the tech just run it around the fences and left it very exposed. He said someone would come and bury it, but based on everything else about the visit, I have my doubts.

Here's a link to a video of the installation and a blurry photo of the back fence. Gates where indicated by arrows. Included the other open box (guess that's Bell) at the end just for fun. »picasaweb.google.com/112 ··· rectlink

Any advice on finding out Rogers's plans for this cable will be much appreciated!

Thanks!
=aw
chall2k56
join:2007-10-03
Edmonton, AB

chall2k56

Member

it would make sense to talk to support, and if the tech was overly rude, lodge a complaint.....it gives installers a bad name, although most are rather helpful
cepnot4me
join:2013-10-29
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cepnot4me to awebber

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to awebber
If the cable is a trip hazard, it was done wrong. Temporary drops need to be run safely. By running a temp he booked a burial order, (Automatic order booked to bury when he codes for the temp). But it'll take up to 6 months. As few as 2.

Call back into Rogers tell them your temp line is unsafe. Rogers will Roll one of us to come out and redo it properly (Making it safe).

mozerd
Light Will Pierce The Darkness
MVM
join:2004-04-23
Nepean, ON

mozerd to awebber

MVM

to awebber
said by awebber:

The Link-On tech was incredibly cranky right from the start, then he said there was no available RG6 in the green box (it was still connected at the house) and he had to run new.

Just be patient, the crew that buries the new cable will be by soon enough ... the person installing the cable is not allowed to bury it FYI ... in his report to Rogers he will indicate that a new cable was laid down and that it required burying. And if the tech was being cranky ... that's normal for the kind of installation he had to face based on the video you posted ... he was not being cranky at you but at the circumstances he was facing.
cepnot4me
join:2013-10-29
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cepnot4me to awebber

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to awebber
Looking at the video that line isn't so bad. I'd have run it through the planks in the fence myself. (You can adjust it onto the fence if you want to keep it up off the ground.) it's not a trip hazard, as someone would need to walk through the fence to trip on it.

You can call it in, get it rerun. However it's probably fine till a new one gets buried. I think you can go to..

Rogers.com/burials for more information on your temporary line.

If the address is wrong I will update it once I get home.
yyzlhr
join:2012-09-03
Scarborough, ON

yyzlhr to awebber

Member

to awebber
There is no way for the call centre to know when it will get buried. All they can do is check the account to ensure that the tech coded the install in the system with the temp line. Burials are typically handled by the staff at your local POI when the resources become available.

Breadwinka
join:2008-06-08
Kitchener, ON

Breadwinka to awebber

Member

to awebber
»www.rogersoutdoorcable.c ··· atus.asp this shows anyplans on cable burial
cepnot4me
join:2013-10-29
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cepnot4me to yyzlhr

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to yyzlhr
Not necessarily true, I'm not sure how it looks in SGI, but our interface to SGI will show us a Misc order with no scheduled date. It's a place holder in SGI to confirm that the drop order has been scheduled. This should be automatically created after the coding is used by the tech. Call Centre reps just need to open it up to see that it's a burial.

Breadwinka
join:2008-06-08
Kitchener, ON

Breadwinka

Member

If i remember correctly it has a random estimated date but, usually says unscheduled work order in the alerts window.
yyzlhr
join:2012-09-03
Scarborough, ON

yyzlhr to cepnot4me

Member

to cepnot4me
said by cepnot4me:

Not necessarily true, I'm not sure how it looks in SGI, but our interface to SGI will show us a Misc order with no scheduled date. It's a place holder in SGI to confirm that the drop order has been scheduled. This should be automatically created after the coding is used by the tech. Call Centre reps just need to open it up to see that it's a burial.

That's exactly what I said. Frontline reps can only see if the tech coded the install properly by checking if there is an unscheduled order to bury the drop. There is no date or even an estimated timeframe in the order as these activities occur when the resources are available. Therefore calling in is practically useless.

TLS2000
Premium Member
join:2004-02-24
Elmsdale, NS
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TLS2000 to awebber

Premium Member

to awebber
I love how they feel that it's ok to leave a cable exposed for months.

My neighbour had a cable installed, dangling from another neighbour's tree, across two driveways to get to their place. After a month or so, it eventually began to sag to the point where we had to have someone lift it to drive under it. That lasted about 2 days before we cut the cable because their customer service gave us a run around about it being buried properly. They came and restrung it in the trees and we cut it immediately.

A couple of days later a crew came and buried a new cable.

sbrook
Mod
join:2001-12-14
Ottawa

sbrook

Mod

I had to have a cable replaced because it went to a tree that died and had to be chopped down. They came and laid in a new line, and about 4 hours later a burial crew came along with a hoe and buried it. Bell took about 2 months to bury a temp phone line ... they did bury it where it went across a footpath.
awebber
Premium Member
join:2003-04-02
Gloucester, ON

awebber

Premium Member

Thanks everyone, I did check the link and it says
quote:
As of 4/20/2014 5:02:40 PM your order has been placed in Assigned to Contractor status. If necessary, we will now apply for locates and/or permits so we can proceed with your order. Your order status will be updated when this occurs.
which is more than I could get from a call centre agent (though it sounds like they should have been able to tell me that). At least I know the burial is ordered, I think (install was Apr 19).

It isn't clear in the video but each of the two neighbours has a gate in the fence. So it's a trip hazard if they try to walk through the space in the fence. I could disconnect from my house and run it through the fence, but it would still be on the ground where the gates are.

This album has a blurry photo (sorry) of the length of the fence, there are gates where the arrows indicate. I also moved the same video here »picasaweb.google.com/112 ··· rectlink

As for being cranky, I have to say if a 35' run from ground level to ground level is a tough install, I don't know what an easy install would be (other than plugging my existing cable, which should still have been there, into the box). Now if he'd had to climb a pole at the back of my yard, run the cable overhead, across the yard run it down to the basement and then drill and run it into the basement (which happened about 10 years ago at another house), I'd understand cranky. How easy do they need it to be?

Three years ago, when the missing cable was installed, the installer did the same run as this year but climbed into each of the neighbours' yards and tucked the cable up against the house, then ran it through my wall and into my basement then ran it up to the living room. Then someone came and buried it, I don't recall when but it wasn't a lawn-cutting or tripping hazard where he placed it. I figured that was tricky but hardly uncommon (the existing cable was RG59 I think, and possibly broken underground -- there had never been digital TV and the inactive analog TV service had gotten erratic before I cancelled. All he had to do this time was run it against the wall for about 35' and plug it into my existing connector.

Anyway thanks for the advice. My concern as much as anything is the condo board says they'll have it buried if Rogers doesn't do it in a timely way. Maybe they just want to make sure there's an order for it.

=aw
cepnot4me
join:2013-10-29
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cepnot4me

Member

If there are gates involved, call it in. I was wondering that when I wrote my reply. Just tell the office the temp line is unsafe. They will roll a truck. No charge to you.
As far as grumpy, I don't care how much work is involved. You don't take it out on your customer. Your situation Is not a one off. We do 5-10 of these a day. It's our job. I've had houses that took me all day (10 hour shift). It is what it is, it sucks. It doesnt excuse the tech for being a jerk.

Odds are the tech who came out won't last long in his position. If your grumpy, rude or otherwise unprofessional with customers, it usually catches up with you and your fired.

like I say though, call it in. Temp need to be safe, can be done safe and should be done safe.
cepnot4me

cepnot4me to TLS2000

Member

to TLS2000
You have to understand it's a legal process. Not a decision to deal with whenever we feel like.
At one time it was illegal for a tech to spade a cable a few feet just to keep it safe. In fact it is still illegal for us to do any digging, it's just not enforced.

No digging can be performed without the digger having utilities located, and the "all clear" or a map of where utilities are running in their possession. That's a law.

Once the burial contractor has those locates, the new cable is run usually within a week.

The "temporary" cable isn't what gets buried. A completely different type of Cable gets put in the ground, the temp is removed. It has to be replaced with a burial grade RG6 or RG11.

The hold up is with the locates contractor. These guys could take a week to get the paperwork to our office or a month. We are at their mercy.

Getting high and mighty and cutting down temporary drops just to force Rogers to speed it up is a bit of a jerk move. It works, it forces the burial contractor to possibly do the line without locates.. (Hope they don't hit your gas main!) or you get a rush burial where they move yours ahead of everyone else who was scheduled, which makes everyone else wait longer.

Sure you took care of yourself, but you forced 5-10 other people wait a day longer. This happens often.. and that makes you the reason you had to wait longer.

Way to go.

TLS2000
Premium Member
join:2004-02-24
Elmsdale, NS
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TLS2000

Premium Member

High and mighty? Are you kidding? The cable is a hazard when it has to be moved for a vehicle to get past it. That means it's also low enough to clothes line a person walking past it. Stop being an apologist for Rogers' laziness.

Stringing it across my driveway involves going on my lawn, which is against Ontario's trespassing laws. They weren't servicing my property and their right of way is on the city's boulevard, not on my lawn.
cepnot4me
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cepnot4me

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Your right, if it is lower than 12' anywhere except for a road crossing, it's too low. If someone came out to rerun it, it should've been higher.

And your almost right. If it crosses your property, you have some rights, unfortunately it is not trespassing by the letter of the law unless of course someone crosses a fence or some form of barrier to access your property, I will assume your front yard had no fence so don't throw around "Trespassing laws", unless you actually know them. If your property is wide open without a fence it is not trespassing if someone is on it, if there is an easement or right of way in place on your property for hydro, even your fence doesn't really matter. (Legally speaking). If you did have a fence, there was no hydro right of way and we passed the city right of way (Which could be more than 20' into your property from the road) then your right. It is trespassing. My bad.

I'm not apologizing for Rogers, I do these things 4-5 times a day for the last 10 years. I'm explaining, to help people understand "Why" Things are done the way they are. There are always reasons. A lot of customers say "Well why can't you just bury it today!?" it's a great question. There are many reasons why we can't just bury it the day we run the temp line. These reasons are laws, not choices.

The laws and policies at Rogers about temp lines are clear. If our guys didn't follow them, your right to be upset about the temporary line, your right to say it might be laziness. However That would be on the individual technicians part, not the entire corporations. Cause fact of the matter is, if we follow the rules when running it, it shouldn't bother anyone. That's why we have corporate policies to follow. Rogers is very adamant about these rules and policies and in no way is "lazy" about them.

These rules/laws/policies are.

Minimum 12' from the ground at the lines lowest point unless crossing a road or pool.
Minimum 20' if it crosses a road, at its lowest point.
20' if it crosses a pool.

It cannot be a safety hazard. Trip or clothesline hazard.

They only get put up if they can be there safely for up to 6 months.

You cannot use nails, staples or electrical tape to attach it to a tree (You can not damage a tree in any way), only hockey tape (White) Can be used to keep it attached to a tree.

If we cannot do it "safely" as put above, or through alternative ways like splitting a Neighbors drop and running it from there, it gets rushed by the burial crew. We try to rush as little as possible because rush jobs just hold up all the other pending burials that need to be done.

If you could touch it, we did it wrong. And your absolutely correct.

Cutting it down, cuts off your neighbors services, kinda makes you a jerk to your neighbor. (I have seen neighbors get into yelling matches, fist fights and so forth over things like this) is our temp line worth getting off on the wrong foot with your neighbor by taking things into your own hands?

Calling it into Rogers, having a tech come to your house to talk to you about your concerns, would likely have gotten it raised, secured better and without making you look like a jerk.

I've had homes where the neighbors are upset about the line, I've always been able to work with the neighbor and find a solution where we all win.

Temp lines are not pretty, but they are not permanent. They are merely there to provide service till the permanent solution can be provided legally.

Funny thing, just to point it out.

I've had many angry neighbors over a temp line, in a lot of cases we are running a temp line because the angry neighbor cut the original drop. They were gardening, their driveway got repaved and so on. So ironically we have run a temp that upset YOU, because YOU caused the damage requiring us to run the temp.

I'm not saying this is the case in your situation.. but I am saying t works out to be the cause about 30% of the time. Ironic.

TLS2000
Premium Member
join:2004-02-24
Elmsdale, NS
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1 edit

TLS2000

Premium Member

You're wrong about trespassing. No fence is required in a yard to keep people off the lawn.

The general rule is anywhere that something is growing is automatically considered to be an area of prohibited entry, regardless of whether there is a fence on it or not. Walking on my driveway - not trespassing unless I've posted a sign. Walking on my lawn - trespassing, regardless of whether I've posted a sign or not.

I've got two years of post-secondary education with a strong focus on the Criminal Code, Charter and the Ontario Trespass to Property Act. I enforce the TPA for a living. If a Rogers worker / contractor is on my lawn without my authorization, unless they are doing legitimate work on an easement, I can order them to leave. If they refuse, I can use reasonable force to make them leave, or I can arrest them.

I'm not being a jerk when Rogers is setting me up for injuries or vehicle damage. I'm ensuring the safety of people on my property, as I am required to do for liability reasons.

I'll quote the relevant legislation to back up what I've said:
quote:
Prohibition of entry
3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier's intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
edit: removed something that was inflammatory. Sorry about that.
cepnot4me
join:2013-10-29
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cepnot4me

Member

"Which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier's intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
Implied permission to use approach to door"

Basically "Grass" is not really covered. Grass is not there for agricultural purposes, they are referring to farm lands in this section.

Then there is this.

2) If I want to approach a property to ask for permission, is that in itself an act of trespass?

No. Section 3, subsection (2) states that:

Implied permission to use approach to door
(2)There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited. R.S.O. 1990, c. T.21, s. 3 (2).

Translation: If there is a door located on a property, it is presumed that access to that door is not prohibited as long as you are using it for legal reasons and that the door is for the purpose of entering and leaving.

We are also covered under easements and right of ways.
Depending on our purpose on your property.

We have lawful reason to be on your property because of the public services
You have.

Like I said before, providing no barriers are in place (I forgot to add signs, your right on that one.)

Fact of the matter you and I can argue this all day but if you want to go into nitty gritty legality this a very big grey area. There is no case law or precedent, there is no direct law or regulation permitting or denying our access in areas without a barrier.

You try to charge any federal or provincial regulated company with trespassing, good luck.
There is assumed and limited access to unbarriered parts of your property for lawful work. Easements, rights of way, etc.
Also, The temporary cables can be installed OVER your property and not on it, which makes the Gray area grayer.

I can hang a temp and not set foot on your property. Let's say you win and prove that Rogers or Hydro one do not have assumed permission as regulated in federal regulations, you then beg the question is something above your property illegal?

It just nose dives into a legal conundrum no lawyer will fight, no court wants to rule on.

In one incident, I accessed a barriered property that had a hydro easement in the backyard. The owner called the OPP. The OPP after learning my purpose advised the customer that they could not arrest me as I was permitted access to the easement, fenced lot or not.

Simply put, it's a long shot to charge a cable guy with a trespass. We are required by federal laws to maintain the cable network, this involves access on private property, which law wins? Provincial or Federal?

That being said, IF what we do results in damages to your property. (Say our temp line injures or tears an eaves trough off), then even without a trespass charge there are plenty of laws that rule in your favor.

Like I said, we could argue this back and forth all day. For us, we know we have implied consent and legal access. The reality is, we don't typically bully you with reference to these laws. It's just courteous to knock on And get permission. And let you know what and why we are there. Most of us do, if your home.

TLS2000
Premium Member
join:2004-02-24
Elmsdale, NS
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TLS2000

Premium Member

Wow. You sir, are beyond reason and I will no longer even attempt to do so with you. Have fun trespassing on people's properties. For your sake, I hope you don't end up on my lawn without a legitimate purpose.

Honestly, disregarding everything else to only pick out the parts that you want to believe.... lol
cepnot4me
join:2013-10-29
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cepnot4me

Member

Who is disregarding evidence here?

I don't disregard anything. I'm taking all things into consideration here, including real world examples and challenges of these laws. You are merely reading the text and interpreting it to suit your personal definitions.

In Canada a lot of cases are won, dismissed or otherwise handled on precedent and case law.

You may know what the book says, however you've clearly never actually attempted to put these laws into use.

We have. I have. I've had someone attempt to lay the charges, they were scoffed at and dismissed as incorrect. Like I say, it's just a gray area.

There are a lot of these examples with contradictory laws.
Just like it's illegal to break ground on your property without having locates in hand (to make a garden or move a shovel full of dirt from point A to B.) but it's a gray area. Is someone going to come charge you for digging a garden? No, not likely. It's against the law though according to the book. The precedent set though is that charges would only apply IF you caused damage to utilities.

It's illegal to trespass, but it's legal to trespass on a easement or right of way if you have a lawful purpose to do so. It's illegal to go on your property and yet we are legally required to prevent RF leakage on your property. So it is illegal to trespass to do something about what we are legally required to go on your property to do. It's contradictory legislation. So a precedent needs to be set, but no one wants to battle it all in court to set one.

Did you know there was (might still be) a law prohibiting a consumer from having faster than 56.6k modems in Uxbridge Ontario?

Doubt the law is enforced though. It's just never been challenged or exercised to strike it down or ammend it.

So you go ahead and go outside and detain Hydro one for trespassing when they read your meter. Canada Post when they deliver your mail. Rogers Cable for walking on your lawn. Bell Canada for accessing the NID at the side of your house, Your gas company for checking or replacing your gas meter.
Let us know how your citizens arrest works for you.

We all access your property because the law and various inquiries, maybe even previous rulings and precedents state that WE ARE ALLOWED.

Like I said though, the only exception is the fenced gate. And I think, this is from a ruling regarding a worker being injured, attacked by a dog. Who then tried to sue the property owner their insurance liability. The courts ruled that there would be no compensation because the owner had a fence up to prevent such injuries from occurring, and the worker did not heed the barrier there for his protection.

If you want to read up on Challenges similar to what I'm explaining, just Google any court case in Ontario where someone got shot while trespassing.

The courts usually find and rule in favor of the trespasser. Why do you think that is?

sbrook
Mod
join:2001-12-14
Ottawa

sbrook

Mod

Sheesh guys ... this discussion sure has developed an unpleasant personal aspect to it!

When you order a utility, such as Hydro, Telephone, Cable etc., the terms of service usually include a blanket permission giving "reasonable access" to equipment at your premises.

Reasonable access is usually interpreted fairly liberally ... but in general, it means to gain access to things beyond locked access, a person who is authorized to give access is there to provided it unless it's an emergency situation, such as turning off power in an emergency.

Similarly with easements across your property, the easement is not just for allowing for example a hydro line to cross your property, but also provides for reasonable access to the easement, just like the terms of service.

I knew someone many years ago in England who had the gas company demand to read his meter. They didn't show at the appointed time they specified. So, he told them when he would be available for them to come and read the meter. They didn't show. So, the gas company obtained a legal order to read the meter quoting the "occupant must provide reasonable access for reading the meter" term and indicated that they would use forceable entry as permitted. Any damage and protection of the contents would be the occupant's responsibility.

He went to his lawyer and explained the situation. The lawyer drafted a reply which stated "My client has offered you several opportunities for reasonable access (listed them) and in each case, you failed to take advantage of it. Therefore, by the law, if you do take forceable entry, you are by law required to make good any damage, and consequential costs, and the cost of providing police protection for the premises until the damage is repaired. They then offered a new date, which the gas company honoured.

It's all about "reasonable access".

cepnot4me ... the court cases you mention are irrelevent ... because in those it's a matter of using reasonable force. Shooting someone in Canada is not considered to be reasonable force for simple trespass.

TLS2000
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TLS2000 to cepnot4me

Premium Member

to cepnot4me
Oh, I'm sorry, I thought we were talking about Rogers running a line across my property for someone else, outside of their utility right of way? When did I ever say that they were doing something that they were lawfully allowed to do?

You're creating arguments I never made. You claim that the TPA doesn't include grass when it VERY CLEARLY says "lawn". A lawn is "cultivated" grass. For some reason you brought up a section about trees when it mentioned trees in relation to a vineyard. A lawn is not considered a reasonable approach to the door when there is a paved driveway available. This is why you aren't trespassing on my driveway, but you are trespassing on my lawn.

"Force" will involve me starting off with a command to leave. When you fail to do that, I will push you lightly. If you fail to leave at that point, I will put you in an arm bar and push you off the property. If you resist, you will be arrested. Under the act, YOU must prove that you have a lawful reason to be on the property. Who said anything about shooting someone? That's criminal.

You must have missed the part where I said that I know what's legal and illegal in this regard as I do it for a living. I would be in jail by now if I didn't understand the law.
cepnot4me
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cepnot4me

Member

And your missing the part where I said I also do this for a living, and have exercised the right and authority bestowed upon us, I have been presented and challenged on these rights, and have won.

Don't get me wrong here. I'm not trying to get your mad, or arguing for the sake of arguing. This board is public, people will Google this question and may find themselves reading this debate. You speak with certainty. That there is 0 legal justification for someone to be on your property as per the act.
I am trying to provide any future readers with the "In most cases yes, but not in all cases."

The point I'm making very elaborately is just this.

It's a grey area. I can't win this against you, I'm not right. You can't win this against me your not right.

We both practice these laws and we both are right? That's the big point. It's grey. It's situation specific. It's not always illegal to enter the unfunded property of another person.

I can agree if I'm in plain clothes, day off, creeping about your yard I'm guilty of Trespass. This is about access for utilities. And that's just the grey area.

I also referenced the court cases regarding trespass and someone getting shot cause in a few of these cases, the reasons for their being on the property were what was challenged. The arguments were made that in some cases it is not trespassing, contrary to the definitions. It is not "My property, you have no right in ANY circumstance to be here". There are situations where they do, and the property owner has no legal option to prevent them.

Sorry if I'm coming across bullish or arrogant. I know what your saying, I'm just saying that's usually the case, but not always.
cepnot4me

cepnot4me

Member

Example of when trespassing is legal.
This pertains to by law enforcement. Give me a bit as I try to dig up something on utilities.

»c2cjournal.ca/2012/09/ho ··· warrant/
cepnot4me

cepnot4me

Member

Forum topic regarding easements and our right to access (Still trying to dig up something more official like court transcripts, I know they are out there I've read them before.. )

»community.lawyers.com/fo ··· 954.aspx
cepnot4me

cepnot4me

Member

....reading court transcripts makes my head hurt..

There is a case of someone Vs. Bell Canada. Bell won.
If I remember correctly, it did not include an easement, and it was ruled that Bell was within legal and obligatory rights to access unfenced property. No damages were caused, the person suing just didn't want Bell on their property.

I'm only trying to confirm for all future readers, that they do not always have the right to detain, forcibly remove, or otherwise "protect" their property from a utility or telecommunications employee.

In doing so, if they misunderstand their rights they could face assault or similar charges as I read is what's resulted in a lot of the cases, I just read through.

The reality is, for most utility workers if you ask or tell us to get off your property, we aren't going to fight you. It's just not worth it.

We will most certainly go to our customer and say something like "We cannot set you up today, the guy in 207 doesn't want us on his property, which means we can't provide you service today for no reason other than then. Maybe you want to talk to him and arrange something?.."

Totally pitting you against your neighbor and letting them fight you instead of us fighting you.

A utility worker on your yard for 10 minutes and maybe a black cable in the sky for a few months, or a lifetime of a neighbor thinking your a jerk and just waiting to return the favor?

That's how we see it..

TLS2000, this all started because you said, "Stringing it across my driveway involves going on my lawn, which is against Ontario's trespassing laws. They weren't servicing my property and their right of way is on the city's boulevard, not on my lawn."

I ask you this, would you have even cared if the minimum height of 12' was achieved as per our training and policy and procedures?

TLS2000
Premium Member
join:2004-02-24
Elmsdale, NS
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TLS2000 to cepnot4me

Premium Member

to cepnot4me
said by cepnot4me:

You speak with certainty. That there is 0 legal justification for someone to be on your property as per the act.

I never said they have zero justification to be on the property. In every single case I have said that they were NOT working within the area that they were allowed to work, in the specific case that you chose to start an argument over. As you quoted, they were on my lawn, not servicing my property, and NOT working within the easement they have ON THE BOULEVARD, which would have been legal.

Instead, they ran a line that could damage my car, hurt my guests if they weren't paying attention for it, and was more than an eyesore. Yet somehow I'm the jerk for cutting it when they REFUSED to do anything about it when I demanded that they fix it. Sorry bud, but that makes the company that you work for a bunch of jerks, not me.

An easement does not give the utility company unfettered access to the entire property. They need to be doing legitimate work, within what the easement allows. This is what you seem to be having trouble with. If they're working on the property for a legitimate reason, such as for working on the box on the side of the house, or replacing the line to my house, that's fine. Their utility right of way is at the end of the driveway, on the city owned portion of the land. Running a cable for my neighbour across my part of the land by walking on my lawn is trespassing no matter how you try to justify it.

A few years ago, Bell Canada came on the property and ran a telephone cable from the spare pair at my house to the neighbour's house until they could run a new line. I had no problem with that because they did it professionally and had a legitimate need to access the easement.

You're the one who jumped to conclusions saying that I was going to shoot the guy from Hydro One, Canada Post, etc.