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 starting in July 2022 when Telus began upgrading cables in her area from 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."

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, Langston and 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 advised Langston 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 Langston the 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.

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