- How parking and towing rules apply depends on where you live, so confirm them with your municipality or a lawyer before acting.
- Keep dated records of every blocking incident, because they support both by-law complaints and any later legal step.
- A repeated, unreasonable interference with your use of your property may be a private nuisance, which must be both substantial and unreasonable.
- The duty to stop a nuisance falls on the person creating it, not the person affected.
A car across your driveway makes you late for work, blocks your own vehicle and can be maddening when it happens again and again. You may want to know whether you can have it towed, who to call, and whether the courts can help.
The answer depends heavily on where you live and on the facts. This article explains the general options and what to prepare, without assuming rules that differ from one municipality to the next.
Start with the practical steps
Before anything formal, consider a calm conversation or a short, polite written note. Many blockings are carelessness, a visiting guest or a misunderstanding about where the driveway ends. A record that you asked politely can also help later.
If the blocking continues, start documenting. Note the date, time, how long the vehicle stayed, the plate number and what it prevented you from doing. Take photos that show the vehicle in relation to your driveway.
By-law enforcement and towing
Who handles a blocked driveway, and how quickly a vehicle can be ticketed or towed, depends on where you live and on the facts, so check your city or town's website or call its enforcement office.
Do not arrange a tow on your own without confirming the local rules. Whether and how a tow is allowed depends on your situation, so it is worth confirming with your municipality or a lawyer first. If the vehicle is blocking an emergency situation, call 911.
| Option | What it is generally good for | What to confirm first |
|---|---|---|
| Talk to the neighbour | Resolving misunderstandings quickly | Nothing; keep it polite and keep a record |
| Municipal by-law complaint | Repeated parking by-law issues | How your municipality accepts and enforces complaints |
| Police non-emergency line | Immediate situations on the spot | Whether police will attend for your type of problem |
| Civil claim or lawyer's letter | Persistent interference that enforcement has not fixed | Evidence, costs and what remedy you want |
When it becomes a legal claim
If the blocking is repeated and serious, a court claim for private nuisance may be one option to discuss with a lawyer. Private nuisance requires an interference with the use or enjoyment of land that is both substantial and unreasonable.
Reasonableness depends on the circumstances, including the locality, and relevant factors include malice, frequency, duration and time of day. A single blocked morning is unlikely to qualify. A pattern, especially one that looks deliberate, is more likely to matter.
In another Ontario nuisance case, the Court of Appeal upheld a permanent injunction and held that the obligation to abate a nuisance falls on the party creating it, not the victim. That does not mean every driveway dispute will end in an injunction, but it shows the responsibility to stop the problem lies with the person causing it.
Is it trespass?
People often ask whether a car on their driveway is trespass. Under the Trespass to Property Act, a trespass conviction carries a fine of up to $10,000, and the set fine for entering when entry is prohibited is $50. Whether a particular parking situation fits the Act depends on the facts, so it is worth confirming with a lawyer.
Be careful not to assume this route is simple. A lawyer or the municipality can help you work out which rules fit.
What to do next
- Keep a log with dates, times, plate numbers and photos.
- Save any messages or notes you exchange with the neighbour.
- Look up your municipality's parking by-law and enforcement contact.
- File a by-law complaint for repeated incidents and keep the reference number.
- Do not damage the vehicle or block it in, since that can create your own legal problems.
- If the problem continues, speak with a lawyer about nuisance and your options.
Staying calm and organized usually gives you the strongest position, whether the next step is enforcement or a legal letter.
Frequently asked questions
Can I have my neighbour's car towed from my driveway?
It depends on your municipality's by-laws and on who is permitted to authorize a tow. Check with your local by-law enforcement office before arranging anything yourself.
What counts as a private nuisance?
It is an interference with your use or enjoyment of land that is both substantial and unreasonable. Frequency, duration, malice and time of day can all matter.
Is blocking a driveway a trespass fine offence?
The Trespass to Property Act has fines of up to $10,000 on conviction and a $50 set fine for entering when entry is prohibited. Whether it applies to a parking situation depends on the facts, so confirm with the municipality or a lawyer.
Who must stop a nuisance, me or the neighbour?
The Court of Appeal has held that the obligation to abate a nuisance falls on the party creating it, not the victim. Proving the nuisance and choosing a remedy still depend on your facts.
Sources
- Smith v. Inco Limited, 2011 ONCA 628 — ontariocourts.ca
- 1386444 Ontario Inc. v. 2331738 Ontario Ltd., 2022 ONCA 416 — ontariocourts.ca
- Safer Municipalities Act, 2025, S.O. 2025, c. 5 (Bill 6) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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