519 672 2121
Close mobile menu

wind-fall-treeMy neighbour came onto my property and cut down my tree. Can I sue?

Yes. Your neighbour is entitled to cut overhanging branches where they cross the property boundary and hang over their yard. However, your neighbor is not entitled, without your permission, to enter into your property, whether on the ground or above, and to cut or otherwise damage or plants. If they do, you may sue them in Small Claims Court for any financial loss you have suffered. You do not need a lawyer for this. However, you will have to prove the financial value of the trees that were damaged or lost.

The maximum claim that each property owner can make in small claims court is now $10,000. This is going up to $25,000 on January 1, 2010. If two people jointly own the property that a trespasser damages, both of them can sue.

Here is a list of Small Claims Court addresses.
Here are the official Guides to Procedures in Small Claims Court.
Here are the Forms. You should begin with 7A.

News & Views

Blog

The more you understand, the easier it is to manage well.

View Blog

Neurological imaging to prove brain injury in medical negligence litigation

A brain injury is when cell death occurs in the brain, which can affect an individual’s capa…

Take note: employers may be responsible for paying CPP and EI premiums on employee tips and gratuities

According to a recent Federal Court of Appeal decision, employers who receive electronic tip…