In reaching this conclusion, I recognize what might be considered a conflicting case authority in York v. Ferguson, [1991] B.C.J. No. 3742 (B.C.S.C.). However, that case seems to have been decided on the basis that the owner took all appropriate steps to prevent trespass by workers. In any event it discussed the issue from a vicarious liability standpoint and did not refer to Horseshoe Bay Retirement Society. (c)Damages
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