Appealing a Fence-Viewers' Award in Ontario: Deadline and Fee

You have received a fence-viewers' award about a fence between your property and your neighbour's, and you think it is wrong. Maybe the work is divided in a way that seems unfair, or the fence described does not suit your needs. The Line Fences Act gives you one chance to challenge the award, and the time limit is short.

This article explains who can appeal, how the deadline is counted, what forms and fee are involved, and what the referee can do. It also covers what happens if nobody appeals. It is general information for Ontario, not advice on your own situation.

What fence-viewers can decide, and why it matters for an appeal

Fence-viewers have a narrow job. They may decide only how the fencing work is divided between the owners, and the description of the fence to be built, including its materials. They also split the costs of the proceeding between the two owners.

They must consider how suitable the fence is for the needs of each neighbouring owner. If a municipal by-law sets the height or construction of fences, the fence in the award must comply with that by-law. If the land makes it impractical to build on the boundary line, the award may place the fence partly on either owner's land, and that does not change who owns the land.

These limits help you see what a realistic complaint looks like. The process does not decide where the property line is. Owners must settle boundary disputes themselves, often with legal advice and a survey. An appeal of the award will not turn into a ruling on the boundary.

Who can appeal and how the deadline works

An owner who is unhappy with the award may appeal to the referee within fifteen days of receiving a copy of the award. The clerk sends certified copies of the award to the owners.

If the award was sent by registered mail, it is deemed to be received seven days after it was sent. That means the 15 days are counted from the deemed receipt date in that case, so check the mailing date on your copy carefully.

Only the original fence-viewers' award can be appealed. Because the window is so short, it is wise to act as soon as the award arrives rather than waiting to see how things settle.

How to file: forms, service and fee

The notice of appeal must be served and filed with the clerk, along with the prescribed fee. The Line Fences Act forms include Form 5, the Owner's Notice of Appeal from Fence-Viewers' Award, and Form 6, the Affidavit of Service of Notice of Appeal.

The fee to appeal in 2026 is $406.05. It is adjusted each year on January 1 by the Consumer Price Index of Ontario. If you are reading this in a later year, the amount will likely be different, so confirm the current figure with your municipal clerk.

• Note the date you received the award, or the mailing date plus seven days if it came by registered mail.
• Complete Form 5, the notice of appeal.
• Serve the notice as required, and complete Form 6 to prove service.
• File the notice with the clerk along with the fee.
• Keep copies of everything and note the dates.

What the referee can do

The Minister appoints the referee. The referee may set aside, change or confirm the award, and the referee's decision is final. Final means there is no further appeal under the Act, so it is worth thinking carefully about your reasons before you file.

Because fence-viewers may decide only how the work is divided and the description of the fence, including its materials, it helps to be clear about which part of the award you disagree with. How the referee will approach your particular concerns depends on your situation, so it is worth confirming with a lawyer.

Special situations: no award, no appeal, and opted-out municipalities

Fence-viewers may decide that no award will be made, for example because they lack jurisdiction or the owners ask for none. They must still decide which owner or owners pay the costs of attending.

If no one appeals, the award is deposited in the municipal clerk's office and can be enforced. If an owner does not follow it, the other owner may serve a notice requiring compliance. If it is not obeyed within two weeks after service, the enforcing owner may do the work and recover its value. The fence-viewers certify that value, and the clerk may have it collected like property taxes, or the certificate may be filed with the Small Claims Court. Once registered, an award or certificate becomes a charge on the land it affects.

Some municipalities have passed a by-law under the Municipal Act, 2001 so that the Line Fences Act does not apply to all or part of the municipality. If yours has, this process may not be available to you.

What to do next

• Check the date on your award and work out your 15-day deadline today.
• Confirm the current fee and filing details with your municipal clerk.
• Read the award against the limits on what fence-viewers can decide.
• Gather photos, quotes and any local fence by-law that applies.
• Speak with a lawyer if the amount at stake or a boundary question makes the decision difficult.

Frequently asked questions