Suing a Neighbour in Small Claims Court in Ontario

If a neighbour has damaged your property or your enjoyment of it, and talking has not worked, you may be thinking about a claim for compensation. Small Claims Court is designed for money claims of a limited size.

This article explains what that court can do, the kinds of claims neighbours commonly bring, the time limit, and how to build your evidence. It is general information, not advice on your case.

What Small Claims Court can and cannot do

The Small Claims Court hears money claims up to the prescribed amount, not counting interest and costs. That amount is $50,000. If your damage is higher, a lawyer can explain your options.

It is a court for money. If what you really need is an order that a neighbour stop doing something or take a step, that is an injunction or mandatory order, which a judge of the Superior Court of Justice may grant where it appears just or convenient. A court able to grant an injunction may award damages in addition to it or in place of it.

Common claims between neighbours

• Nuisance: 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. It looks at the effect on your property rights, not whether the neighbour was careless.
• Water damage: collected or discharged surface water, such as roof runoff, must not be diverted onto land that would not naturally receive it, or liability for damages can follow. An exception is a prescriptive drainage right, which may arise from 20 years of continuous, open, peaceful, uncontested use without permission, and a court must confirm it.
• Dog bites: the owner of a dog is liable for damages from a bite or attack on another person or domestic animal. Liability does not depend on the owner knowing the dog's tendencies or on any fault. Damages are reduced in proportion to your own fault, if any.
• Privacy intrusions: Ontario recognizes intrusion upon seclusion for deliberate and significant invasions of privacy, and with no economic loss damages fall in a range of up to $20,000.

Some claims, such as damage from neighbour construction, may rest on negligence or nuisance and depend on the facts. A lawyer can tell you which basis fits and whether your insurance may respond.

Watch the time limit

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 circumstances ought to have known them. You are presumed to have known on the day the act or omission happened, unless you prove otherwise.

There is also an outer limit. No proceeding may be started after the 15th anniversary of the day the act or omission took place, whatever the date of discovery. If the damage is slowly getting worse, do not wait to see how it ends up.

Building your evidence

A court decides on proof. You will generally need to show what happened, that your neighbour is responsible, and what it cost you.

• Dated photos and video of the damage and its source.
• Written quotes and receipts for repairs.
• Messages, letters and notes of conversations with your neighbour.
• Names of witnesses who saw the problem.
• Reports from contractors, engineers or other professionals where the cause is not obvious.
• Copies of any by-law complaints or municipal notices.

Keep your records organized by date. Take steps to limit further damage, and keep proof of what you spent.

Practical next steps

• Send your neighbour a calm written description of the problem and what you are asking for.
• Consider mediation if the relationship matters to you.
• Get repair quotes so you can state a clear amount.
• Compare your total loss with the $50,000 limit.
• Contact the court office or a lawyer about the forms and filing steps that apply to you, and confirm your deadline before you wait any longer.

Frequently asked questions