What is the difference between low-flying aircraft and permanent intrusions?
Alberta, Canada
The following excerpt is from Didow v. Alberta Power Limited, 1988 ABCA 257 (CanLII):
The analogy is hardly appropriate. Aircraft which are transient and invade space at a height beyond the contemplation of reasonable and ordinary use by the landowner cannot be equated with a low level intrusion of a permanent nature. I agree with the opinion stated of Griffiths, J. in the Bernstein v. Skyviews case (infra), that low flying aircraft might very well commit a trespass.
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