When Peace and Quiet Has a Price: A $32,000 Lesson in Nuisance and Privacy Law. How far does your right to enjoy your private space go?

It’s a question most of us don’t ask, until something happens that forces us to draw the line.

What if your neighbor’s dog won’t stop barking? What if cameras are pointed directly at your yard? At what point does your peaceful enjoyment of your property become legally protected from another person’s conduct?

These issues highlight the tension between individual freedoms and shared community living. While you may have rights over your property, those rights aren’t limitless, especially when they interfere with someone else’s ability to live peacefully next door. In these cases, the law steps in to weigh the competing interests.

A Neighborhood Dispute Turns into a Legal Battle

Such a conflict was at the heart of a recent case handled by our legal professional, Amri Murray, who represented the plaintiffs in a long-standing and bitter neighbor dispute. Recently, the Ottawa Small Claims Court awarded our clients $25,000 in damages and $7,059.36 in costs, a total judgment of just over $32,000.

The Barking Dog That Shattered the Peace

The conflict began back in 2018, when two adjacent neighbors—formerly on good terms—found their relationship strained after one of them acquired a dog. The animal was regularly left outside for extended periods, barking incessantly at various hours of the day.

The barking wasn’t just an annoyance; it disrupted the plaintiffs' ability to sleep, impacted their quality of life, and disturbed other neighbors in the area. This constant noise made it virtually impossible for the family to enjoy their home, indoors or out.

When Surveillance Crosses the Line

As tensions escalated, matters worsened. The defendants installed multiple surveillance cameras pointing directly at the plaintiffs’ property, raising serious privacy concerns.

Most concerning was a fake camera installed with no recording function, aimed at a particularly sensitive area of the property. In court, the defendant admitted it had been placed solely to annoy the plaintiffs.

Recognizing the Torts: Nuisance and Intrusion Upon Seclusion

Following a compelling presentation by Ms. Murray, the court found that the defendants’ actions gave rise to two recognized torts under Canadian law: Private nuisance, and Intrusion upon seclusion.

What is Private Nuisance?

Under Ontario law, for a private nuisance claim to succeed, the plaintiff must show:

1. Substantial interference with their use or enjoyment of land, and

2. That such interference was unreasonable.

In this case, the judge found that the extended and excessive barking was not merely a trivial annoyance, but a material interference with the plaintiffs’ ordinary comfort in their home—well beyond what would be expected in a residential area.

The test for unreasonableness involves balancing the severity of the harm against the utility of the defendant’s conduct. Importantly, the analysis is not about whether the defendant acted negligently or exercised care. Instead, the focus is on whether the impact of their actions on the plaintiff was unreasonable, regardless of intent.

What is Intrusion Upon Seclusion?

This lesser known but increasingly relevant tort protects individuals from unjustified invasions of privacy. The leading case, Jones v. Tsige, 2012 ONCA 32, sets out the elements as follows:

ï The defendant intentionally or recklessly intruded on the plaintiff’s private affairs or concerns;

ï The intrusion occurred without lawful justification;

ï A reasonable person would regard the intrusion as highly offensive, causing distress, humiliation, or anguish.

Are You Dealing with a Similar Situation?

This case illustrates the kinds of legal issues that can emerge in everyday community life. When rights conflict—such as one person’s right to use their property and another’s right to peace and privacy— the law provides a structured approach to resolve the matter and, when appropriate, to compensate the harmed party.

Whether you’re experiencing ongoing disturbances from a neighbor, or you're being accused of interfering with someone else's property rights, it's essential to know your legal options.

At AJ Murray Legal Services P.C., our professionals are committed to delivering high-quality legal services, from vigorously pursuing fair compensation to defending your interests in court or resolving disputes through mediation.

Contact us today to schedule a consultation. We’re here to help you restore your peace of mind— and your peace and quiet.