Can I sue a noisy neighbor in small claims court in Canada?
Yes. Private nuisance — unreasonable interference with your use and enjoyment of property — is actionable in Canadian courts. Small claims court handles claims up to $50,000 in Ontario and varies by province. You must show the interference was unreasonable, substantial, and ongoing. One-time incidents rarely succeed.
What evidence do I need for a noise or nuisance claim?
A log of dates, times, duration, and nature of each incident. Noise level recordings (decibel meter app). Complaint records sent to the landlord, strata/condo board, bylaw officers, or police. Medical documentation if the noise caused sleep disturbance or health effects. Photos or video of the nuisance.
Can I get an injunction as well as damages?
Small claims courts cannot grant injunctions — they can only award money damages. For injunctive relief (ordering the neighbor to stop), you must apply to Superior Court or seek a bylaw enforcement order through your municipality. The threat of ongoing litigation sometimes motivates resolution.