##(a) if the premises are land…or are property described in paragraph (a) of the definition of "premises", a person entitled to maintain an action of trespass in respect of those premises,….and [occupier] includes a person who (d) has responsibility for and control over the condition of the premises or the activities there carried on, or (e) has control over persons allowed to enter the premises; "premises" means land, … and anything on the land including… (a) a building or other permanent structure,

###NOTE: An action for trespass can be maintained by the owner or anyone else who has a lawful right to occupy the property.

#RCR, s. 57 (2).

#Even if visiting was characterized as an issue affecting the resident’s health in some way, the TSDM is required to consult with the resident, and act on accordance with the person’s beliefs, values, wishes, and if not known , to act in best interests.

#ACE.

#Alzheimer Society (2007). Tough Issues: Restraints. Online: http://www.alzheimer.ca/~/media/Files/national/brochures-tough-issues/Tough_Issues_Restraints_2007_e.pdf (Last accessed May 10, 2016).

#RCR, s. 74 (1).

#RCR, s. 74 (1) (b).

#RCR, s. 73 (3) (a).

{{REVIEWED | reviewer = BC Centre for Elder Advocacy and Support, June 2014}}

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