Neighborly Annoyances in Quebec

co written by Corey Friedman

Neighborly Annoyances in Quebec

?“Good fences make good neighbors” – Robert Frost[1]

976 C.c.Q

The Civil Code of Quebec states the following regarding neighborhood annoyances:

976. Neighbours shall suffer the normal neighbourhood annoyances that are not beyond the limit of tolerance they owe each other, according to the nature or location of their land or local usage.

Proof

In order to prove that an abnormal neighborhood annoyance is being suffered, the victim must prove two things: (1) the existence of an abnormal annoyance and (2) that a neighbor is causing the abnormal annoyance.

“Normal neighborhood annoyances”?

Rather than defining normal annoyances, it suffices to define abnormal annoyance: an abnormal annoyance is (1) repetitive, (2) severe, and (3) objective. Qualifying and annoyance as abnormal also depends on the zoning of the neighborhood (residential vs. commercial/industrial). Ultimately, an abnormal annoyance prevents individuals from fully enjoying their property.

Abnormal neighborhood annoyances can be detected by any one of an individual’s five senses: it could be a foul odour, it could be loud noises during unreasonable hours in a residential neighborhood, it could be the penetration of smoke into one’s condominium unit etc.

“Neighbor”

Since “Neighbor” is not defined in the law, jurisprudence must be relied upon to determine an adequate definition of the term. Depending on the nature of the annoyance, neighbors can be multiple blocks away from the victim of the annoyance; in one case, the Court found that two individuals separated by over one kilometre satisfy the definition of “neighbors”. Neighbors do not necessarily have to be a natural person; neighbors can be legal persons (i.e., corporations etc.).

No Fault

When proving an abnormal neighborly annoyance, the victim does not have to prove that the perpetrator has committed a fault; meaning that the perpetrator can be acting in a legal manner and still be sued for causing an abnormal neighborly annoyance.

Conclusion

The victim of a neighborhood annoyance must prove that the annoyance was abnormal and that it originated from a neighbor. If successful, the victim can apply to the Court for injunctive relief and damages.

[1] Frost, R., Hellmann, M. S., & Hellmann, M. S. (2000). Mending Wall. In Mending wall. poem, Holburne Press.?