What are your rights as a neighbour in Canada?

September 15, 2024 Canuck

A B.C. woman sued her downstairs neighbour over noise complaints. In another case, an Ontario woman was charged with assault for spraying her neighbour with a water gun, which she said was accidental.

Both cases underscore how tensions between residents can boil over and lead to a trial or charges.

If you have beef with your neighbour and you feel it’s gone too far, what should you do? A personal injury lawyer has some advice.

Let cooler heads prevail

There are different types of neighbour disputes, including noise complaints, issues with a dog, overgrowth of trees, drainage causing damage to property and fencing issues.

If you have serious disputes with your neighbour, you can review local bylaws and rights concerning property and personal privacy, or contact municipal officials, lawyers, police or other authorities, says Rajiv Haté, senior lawyer at Kotak Personal Injury Law in Mississauga, Ont.

“You know, however, whether that’s necessary is always the question,” Haté said in a video interview with CTVNews.ca on Thursday.

Haté recommends residents avoid fights from escalating by communicating with each other first and letting cooler heads prevail.

“I always say the first step is to try to work it out amicably,” Haté said. “At the end of the day, this is your neighbour and the relationship is going to be ongoing.”

Try to compromise, understand one another’s perspective and, if necessary, get a third party like another neighbour involved, he suggests.

“But ultimately if there’s threats or assault or damages that result, then your rights would be to get either municipalities involved, police involved, or you could pursue a legal action,” Haté said.

Legal actions

There are several types of legal actions. The tort of nuisance is a “substantial or unreasonable interference” with the use or enjoyment of your property, Haté said.

The second is a claim for negligence if there’s damage to your property.

The third is the tort of intrusion upon seclusion, which is intentional or reckless invasion of a person’s private affairs, without lawful justification, and which a reasonable person would find to be highly offensive causing distress, humiliation or anguish, Haté said.

In serious cases, damages could be awarded, such as the cost to remedy the nuisance, he said.

Damages could also result from a neighbour causing mental distress, or they could be punitive if the conduct was “malicious or intentional,” he added.

“The more substantial the nuisance, damage to your property, or intrusion upon seclusion, the more substantial the damages may be that the person who’s at fault may have to pay.”

When it comes to neighbours complaining incessantly, sometimes the best action is just no action, as long as nothing illegal or inappropriate is happening, he said.

If it becomes unbearable for you, you could consider legal action.

“I always say getting involved in legal battles that are going to be costly may not always be the best approach,” Haté said. “It’s something that you should strongly consider before taking that step. … But getting legal advice is often a good way to go if you’re not sure about your rights or options.”

If you decide to take legal action, he recommends documenting what’s happening and your efforts to resolve it.

Recording things in public is allowed, but privacy rights may be an issue if you make private recordings without telling the person, he said.

To avoid disputes with neighbours in the first place, Haté says to remember this rule.

“Try to avoid participating in activities that are causing damage to your neighbour’s property or causing them to be unable to enjoy their own property,” he said.

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