Neighbour left adrift over dock placement on Sturgeon Lake
As summer winds down, Joe DiGangi is still wound up – about the size of his neighbour’s dock.
The Sturgeon Lake resident says his neighbour’s dock takes up nine feet more shoreline than it should, according to Parks Canada policies.
DiGangi says Parks Canada told him in an email, “in situations such as this, we ask neighbours to work together (or with the aid of their legal counsel) to reach a mutually agreeable solution that aligns as closely as possible with Parks Canada’s Policies.”
This response came after DiGangi reached out to Parks Canada three separate times complaining about how his neighbour’s dock violated section 3.13 of the organization’s general policies. The policy states that all docks must be placed at least 15 feet from the line of the neighbouring property. But DiGangi says that his neighbour’s dock goes nine feet past that line.
He says these policies read more as guidelines and it has been frustrating to deal with. “Once people figure out that the agency does not enforce their own policy, then people can put their docks wherever they want,” DiGangi said.
DiGangi says Parks Canada asks property owners to move their dock but when the property owner refuses nothing happens. “Then the agency solution is that neighbours are supposed to work it out. But if the neighbour does not listen to the federal regulatory agency, why would they listen to me?”
He’s also concerned that dock installation companies, like R & J Machine who installed his neighbour’s dock, are not following these policies. “Their business is installing docks. I think…they should reinstall the dock to comply with the policy.”
Another dock installer with a different company who asked for anonymity told Kawartha Lakes Weekly that over the years they’ve installed docks right along the property line if that’s where the customers wanted them to go. “We never cared as it was the customer’s problem if someone complained,” they said.
The onus of working out these disputes has fallen completely onto those affected, DiGangi says, with dock companies not being held responsible and Parks Canada simply telling neighbours to work it out among themselves.
“Parks Canada should not shift the responsibility for enforcement to the public,” he said.
For DiGangi, the message is clear – without enforcement, the rules don’t matter.
DiGangi’s neighbour did not respond to requests for comment. Parks Canada did not respond to requests in time for deadline.
We had the same issue that cost us over 350,000.00 in legal fees to fight. The City of Kawartha Lakes and TSW made it very clear it was not their job it was a civil matter for the courts. They refused to enforce the by-law. The lawyers and courts are a waist of time and money.
Kim Tyler
905 520 5777
You gave a lawyer 350,000 dollars to fight this issue ?
You think we knew it was going to cost that. It also cost our neighbor the same. When we realized it was going to be costly our neighbor wouldn’t agree to drop it and if he did we were on the hook for his fees as well. If the city would have done their job and inforced the by-law it would have been the end of it. His dock was completely on our property and after we paid for the survey he removed the monument pegs.
I had a similar problem, on Lake Simcoe. Innisfil Township has a five metre setback from the property line, by-law.
However, if there is a problem, The By-law Department will contact the offenders and inform them of the issue.
Unfortunately, if the offender ignores the by-law, that is the end of it because there more important issues to deal with. Very competent people, but the parameters of their work, don’t always allow them to function in the correct manner.
Years ago, cottage neighbors knew each other. Now, they don’t interact with each other; nothing even the children.
Very sad.
Same here. Our neighbours have a dock well over 50’ in length that sits 5’ from the property line. Their boats extend over the property line into our waterfront. To use their boats they have to come across our waterfront. If we are swimming we have to get out of the water because it’s so dangerous.
Parks Canada will do absolutely nothing. They don’t care that someone could get seriously hurt or die!!
What is the purpose of Parks Canada??
The “broken windows” theory basically states that our society benefits greatly when minor infractions are dealt with in a serious manner.
Unfortunately, our society has gotten into the habit of ignoring the minor infractions. We see the consequences of this every day. When some people get away with minor infractions, others believe they can get away with more serious infractions. If the policy states that all docks must be placed at least 15 feet from the line of the neighbouring property, it is simple to measure the location of the dock and enforce the policy, if necessary. Why is this so difficult ?
It’s so difficult because no one simply follows.the rules. Everyone feels it ok to just do as they like.
Common courtesy and respect of others property has been replaced with lets do whatever is best for me. Who cares about the person next to me?
Our bureaucracies have fallen into the same practices.
Parks Canada’s own guidelines provide clarity and interpretation of the regulations, and they cannot be treated as optional. While Parks Canada has discretion in how it enforces, it does not have wholesale discretion to ignore its enforcement mandate. As a Crown entity, it carries an obligation to act, one that it appears to be abdicating.
When Parks Canada refused to take any action, that refusal itself became potentially subject to judicial review in Federal Court. A court could examine whether the refusal was lawful and reasonable, and if necessary, quash it and require Parks Canada to properly exercise its mandate. Even if the Court were to uphold Parks Canada’s position, the process would at least provide a measure of clarity that the agency itself has been unwilling or unable to furnish.
Alternate solution…beat them to the punch and get your dock in very early next spring on the same property line!
Rather than give my money to a lawyer I would build a dock right beside my neighbours dock, maybe not as long but as close to the lot line as they are, it may not be a fancy dock but I might put a fence up on the dock on the neighbours side. Just sayin then I’d look at my dock and be safe swimming inside my dock.
What’s the rule then for putting in a Boat Ramp from your Shoreline?
Poor baby. Can’t just sit on his Doc and be grateful for his good fortune to be able to have a cottage.But yet he has to gaze at his neighbor’s dock get and all upset that it’s too close to his property
It’s like get a life bud.
A policy in not a law or regulation
or statute just a policy a kind of collective opinion
“The Policies for In-water and Shoreline Works
and Related Activities are enforceable under
the authority of the Historic Canals
Regulations pursuant to the Department of
Transport Act.”
They’re clearly not just a “collective opinion”. Rather, it’s your singular opinion that they’re a collective opinion.
Wish having dock placement and having money to pay for it waa my only problem.
Sorry bout your luck. I have problems too, but a little different. Was forced to leave the welding scene a little early as couple strokes and arthritis. Have to swallow my pride and phone food bank once in a while , thankfully all the years of busting ass welding will ensure I recieve decent old age, 2 and 1/2 yrs to go….so I empathize with your property issues. I’ll bet it really weighs on ya, stress and all. But seriously, I hope u find somewhere to meet in the middle, but some people there is no reasoning with….