1. The Lack of Fence Legislation in Kitchener
Amanda Reed
August 28, 2017

2. What You Want What I Want
* Cost savings * Effective use of City resources (staff time)
What I Want
* A by-law clearly setting out a fence dispute process
* Recourse if by-law contravened

4. “The original intent of the Act was to adjudicate disputes between farmers…for a fence that would span a great distance; and, would subsequently pose a large financial burden if borne by one owner.”

5. “Currently, owners of urban sized lots are using the Act as a means of furthering personal disputes; which is not pertinent to the Act’s original intent.”

6. “The following municipalities have chosen to apply section 98: Kingston, London, Markham, Mississauga, Richmond Hill, and Vaughn.”

7. Other Municipalities and s.98
Kingston Line Fences Act applies
London Fence By-Law PS
Markham Fence By-Law
Mississauga Division Fence By-Law
Mississauga Division Fence By- Law Dispute Procedure
Richmond Hill Line Fences Act applies

8. “Staff is of the opinion that by discontinuing the application of the Line Fences Act the people of Kitchener will not be adversely affected, for they will still possess alternative means of dispute resolution; such as the courts.”

9. = We Both Get What We Want
Proposal:
Adopt the Mississauga By-Law and dispute procedure.
* cost to the City is nil;
* people have recourse to sue civilly under contravention of a by-law; and
* resolution process is set out in step by step form so both parties are clearly
aware of the process and consequences.
= We Both Get What We Want

13. Mississauga Fence Dispute Process Step 1: No agreement reached – Proceed as per By-Law Step 2: Recovering the Costs of Building the Fence Step 3: Initiating a Prosecution to Recover Proportionate Share of Cost of Fence
The extent of the City’s involvement and expense in fence disputes is: City Council enacted the by-law.
That’s it.

14. Questions?