What is the test for making an entry upon the land of another person?
Saskatchewan, Canada
The following excerpt is from Sorlie v. McKee, 1926 CanLII 172 (SK CA):
An entry upon the land of another was also held to be justified at common law where it was shown that it was open unenclosed land adjoining a highway, and that the entry was made to bring back to the highway animals which while being driven along the highway had escaped and entered upon the unenclosed land The entry to recover the animals must, however, have been made within a reasonable time (Goodwin v. Cheverley, 4 H. & N. 631, 28 L.J. Ex. 298 [157 E.R. 989]).
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