Mediation for Neighbour Disputes in Ontario: How It Works

A fence, a tree, a noisy backyard or water running onto your lawn can turn a friendly street into a tense one. Most people would rather fix the problem than go to court, and still have to live next door afterwards.

Mediation is one way to do that. This article explains how it generally works, which rules sit in the background, what to do if it fails, and the time limits to keep in mind while you try.

What mediation is and why neighbours use it

In mediation, a neutral person helps both sides talk through the problem and look for a solution they can both accept. The mediator does not decide who is right. You and your neighbour stay in control of the outcome, and either of you can usually walk away if it is not working.

Neighbours often prefer it because it is private, usually quicker than a lawsuit, and focused on the future relationship. Many communities have mediation services, and private mediators are also available. Availability, cost and how a session runs differ from one provider to another, so ask the service directly.

Know which rules sit behind your dispute

Mediation goes better when you both understand what the law already says. Different problems fall under different rules, and some are municipal, so details vary by city or town.

What a mediated agreement can cover

A good agreement is specific and written down. Think about who does what, by when, and who pays.

• Sharing the cost of building or repairing a fence.
• Agreeing on how a boundary tree will be cared for. Injuring or destroying a boundary tree without the owners' consent is an offence under the Forestry Act.
• Agreeing on noise limits or hours, while checking your municipality's by-laws.
• Fixing a drainage problem. Two or more owners can make a written drainage agreement under the Drainage Act, and if it is registered on title it binds future owners.

Be aware that a drainage agreement is enforced only through court action. For other agreements, ask a lawyer whether the wording will be enforceable if someone later breaks it.

If mediation does not work

You still have options. For money, the Small Claims Court hears claims up to the prescribed amount, which is $50,000, not counting interest and costs. If you need a neighbour to stop doing something or to do something, a judge of the Superior Court of Justice may grant an interlocutory injunction or mandatory order where it appears just or convenient. A court that can grant an injunction may also award damages in addition to it or instead of it.

Private nuisance is a common legal basis for neighbour claims. It is an act that indirectly causes physical injury to land, or substantially interferes with its use or enjoyment, where that is unreasonable in all the circumstances. For some by-law problems, such as noise or trees, you can also report to the municipality rather than sue.

Time limits and practical next steps

Whether talking things over or trying mediation changes your time to sue depends on your situation, so it is worth confirming with a lawyer. The basic limitation period is two years from the day the claim was discovered. A claim is discovered on the earlier of the day you actually knew the relevant matters and the day a reasonable person in your position ought to have known them. Regardless of discovery, no proceeding may be started after the 15th anniversary of the act or omission.

• Write down what the problem is and what outcome you want.
• Keep dates, photos, messages and any by-law notices.
• Check your municipality's by-laws on trees, noise or fences.
• Invite your neighbour to mediation in a calm, written request.
• Ask a lawyer whether your deadline could run out while you negotiate.
• Put any agreement in writing and keep a signed copy.

Frequently asked questions