Bylaw harassment? An 11-year fence feud between 2 families and the city of Ottawa has ballooned into $43K in tax bills, multiple lawsuits — here’s how to avoid a similar nightmare

’Authors of their own misfortune’

Back in 2013, when the fence was built, a Hydro One technician said it should be removed as soon as possible because the fence posts were “extremely close” to a 16,000-volt cable and could “potentially endanger” the public.

This was a surprise to the families, who claim they’d done their due diligence by securing the underground gas and electric line locations from the power companies and seeking advice from a city bylaw employee, who said “the fence had to be 9ft. from the curb.”

When the city tore down the fence and fined both families for violating the City of Ottawa’s Fence By-law No. 2003-462, — a by-law that oversees the erection, height and maintenance of fences — they both objected and took the matter to court, claiming they never received the formal conviction necessary to remove the fence.

Both families filed claims seeking $80,000 in damages and costs against the City of Ottawa, the current and former bylaw chiefs, Hydro One, the neighbours who made the bylaw complaints and the contractor hired by the city to remove the fence.

The court has since dismissed the claims against the neighbours, Hydro One and the contractor. The City of Ottawa denies all allegations of wrongdoing, instead arguing the “plaintiffs are the authors of their own misfortune.”

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A pattern of harassment

The neighbours who reported the fence to the city said in court that they did so “out of concern for their safety” and “never out of malice.” Haider and Datta didn’t see it that way.

Leading up to the fence incident, Haider felt “attacked” by multiple bylaw complaints from another neighbour, most of which were unfounded.

In total, 27 complaints were made from the same address between 2011 and 2013, including allegations of a “car dealership” being run out of Haider’s house, a children’s play structure that was “built too tall” and a ladder leaning against the house.

A few of Haider and Datta’s neighbours told CBC News they felt these families were “targeted” and “harassed” by the serial complainant.

Neighbour Rick Belair told CBC News: “It was really awful, I felt it wasn’t fair to him.” Belair says he had a trailer parked in front of his house “for a whole summer” and never received a visit from bylaw.

Avoid a bylaw nightmare

Ombudsman Ontario claims to receive hundreds of cases about bylaw enforcement yearly and share best practices with municipalities to develop clear complaint and appeal policies.

As a homeowner, you can protect yourself by learning the property standards bylaw of the municipality you live in by checking your city or town’s official website.

In this case, the City of Ottawa has a specific process to follow when handling bylaw complaints, including assigning a bylaw officer, inspection and possible enforcement.

When it comes to fences, the Ontario Line Fences Act has information about boundaries, appeals and how and when the Line Fences Act applies.

Getting clear, written permission from your municipal authorities can help you to not only understand your rights and responsibilities, but also have a paper trail in the case of a costly dispute with your neighbours or the city.

To this day, Haider is distrustful of city authorities, while Datta says: “It was…chaotic for 10 years. Nobody wants to help.”

Sources

1. CBC News: How an 11-year fence feud ballooned into $43K in tax bills and multiple lawsuits (October 23, 2024)

2. Ottawa.ca: Section 27 penalties

3. Ombudsman Ontario: 2023-2024 Annual Report

4. Ottawa.ca: How Property Complaints are Managed

5. Ontario.ca: Line Fences Act