Neighbour's Addition Blocks My Sunlight: Do I Have a Right to Light in Ontario?
Generally, no. In Ontario, nobody can gain a right to light or air just by enjoying it for many years, so long-standing sunlight on your home or yard does not by itself give you a claim against a neighbour who builds. The only exception is for rights acquired through twenty years' use before March 5, 1880.
What remains is narrower. A private nuisance claim is possible where a neighbour's actions substantially interfere with the use or enjoyment of your land and the interference is unreasonable in all the circumstances. Nuisance looks at the effect on your property, not at whether the neighbour was careless. A Superior Court judge may grant an injunction where it appears just or convenient, and a court may award damages in addition to or instead of one.
Money claims up to $50,000 can go to Small Claims Court. The basic limitation period is two years from the day the claim was discovered, which can be the day you ought reasonably to have known of it. How this applies to your neighbour's project depends on the facts, so it is worth confirming with a lawyer.
Key takeaways
- Years of enjoying sunlight or airflow do not create a right to light or air in Ontario, apart from a narrow exception for use before March 5, 1880.
- A private nuisance claim needs a substantial and unreasonable interference with your land, and it looks at the effect on your property rather than the neighbour's carelessness.
- A court can grant an injunction or award damages in addition to or instead of one, and Small Claims Court hears money claims up to $50,000.
- The basic limitation period is two years from discovery of the claim, so it is worth checking your timing early.