Private Nuisance: When a Neighbour's Activity Goes Too Far

Private nuisance is a claim for substantial and unreasonable interference with your use and enjoyment of land.

Common examples

• Water draining onto your property
• Persistent smoke, smells or dust
• Vibration from equipment
• Tree roots damaging foundations

How courts decide

In Antrim Truck Centre v. Ontario (2013), the Supreme Court of Canada said the interference must be substantial, then asked whether it is unreasonable, considering:

• the severity and duration of the harm;
• the character of the neighbourhood;
• the sensitivity of your use;
• the usefulness of the other person's activity.

Remedies

• Damages for losses and loss of enjoyment.
• An injunction to stop the activity, from the Superior Court.

Other routes first

• Talk to your neighbour, then write to them.
• Municipal by-laws on noise, property standards or drainage may help.
• Condo disputes about noise, smells and similar problems can go to the Condominium Authority Tribunal.

Sources

• Antrim Truck Centre Ltd. v. Ontario, 2013 SCC 13
• Condominium Authority Tribunal

Read next: Water Damage From Another Condo Unit: Who Pays?

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: Orange no trespassing sign on a chain link fence · a group of people standing in front of a building.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.