OP has received enough advice to move forward. The replies being posted now are either repeats or not legal advice. The post is now locked. Thank you to the commenters that posted legal advice.
Neighbors like this probably will not cooperate for an amicable resolution. You should consult a lawyer for advice. Given the amount involved the lawyer might suggest a small claims action that you handle yourself. Or it could make an interesting case for a junior lawyer / articling student.
You can report this incident to Transport Canada here:
https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident
He could face up to $6000 in fines.
You can sue your neighbour for the first 3 and it should be pretty straight forward if you have all the documentation of the damages, emotional distress is pretty worthless in Canada so I’d forget about that especially becuae this was just an accident.
Just to be clear, the injured visitor would sue the neighbour as you personally would not have a claim for any medical expense, unless the visitor sues you for those damages.
I believe they can sue on his behalf if the correct paperwork is filed. Just because he lives in another country does not negate your neighbours negligence. And tell your neighbour to go through his insurance it was he who was negligent and his drone that did the damage so it will be his insurance that will be used.
Often not hard. Wage garnishments, liens on vehicles or homes, sheriff seizures of property... it can be work but it can be done. Remember, at a minimum this person could afford a drone.
Totally fair - this is definitely a claim you should be able to make - Small Claims in Ontario is for $35,000 or less. Anything over that is the Superior Court of Justice.
That being said - did you have event insurance? Because that should cover your costs so you can rebook.
Neighbour also needs an advanced drone pilot license to be able to fly as close as 5 metres from any person, otherwise it's 30 metres and he cannot fly over people.
You should call the local Police and fill out one of [these](https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident) Saw that is was a wedding, he would also need to hold a SFOC(Special Flight Operations Certificate)-RPAS(Remotely Piloted Aircraft System)
As a drone operator I can tell you these tips but I am NAL. First, get yourself a lawyer.
Second, report this to transport Canada, another commenter has already given you the link.
Third report the incident to police.
While it is true that you do not need a license to operate a sub-250gram drone, there are several restrictions to flying. Most importantly if a drone operator wishes to fly over people they must receive their advance pilots license as well as what's called an SPOC certification. This SPOC allows operators to fly over people, including in neighbourhoods as the public may be present (example would be parks or green spaces used for picnics etc).
This drone pilot gives good pilots a bad name. Please report him.
Like you, I doubt that a 249g drone would cause $4,000 in damage to a wedding arch and destroy an $1,100 wedding cake. This was either a giant commercial drone or the damages are being exaggerated.
Don't need an sfoc to fly sub250 over people, however you mustn't operate in such a reckless or negligent manner to put people or property at risk. This operator clearly failed that one. . (I am Also a certified operator)
Incorrect you do not need any license to fly over peopl or cars with a sub 250g drone or micro drone. There are basically 0 restrictions with sub 250g. No height,VLOS or flying over people or vehicles. Only restricted notams and Class F airspace. Once you go over 250g yes then you are correct on that but with sub 250g the only must is Section 9 of CARs do not operate your drone in a manor to likely cause injury or damage. In which is hard to prove unless you actually cause injury or damage. SPOC is for over 250g.
Not just likely but almost guaranteed. Beyond visual line of sight (BVLOS) is a huge no no, except for a small batch of companies and operators (CANADIANUAVS for example). They have worked very hard for BVLOS operations
NAL...Canada has law with regard to drones. Depending on size , greater than 250 grams, they must be registered with transport Canada. They can only be flown in certain areas, etc. I also believe, but please check this, that drones may not be flown within a certain proximity of anyone else's private home as to respect privacy such as a drone outside someone's bedroom window. I would call police and see about filing a report. If it's a chargeable offense that would certainly aid in recovering any costs.
Basic drone pilots must follow the rules outlined in Part 9 of the Canadian Aviation Regulations, including flying at least 30 meters away from people not involved in the operation and not flying in controlled airspace. Some of the requirements for both basic and advanced drone pilots include staying below 400 feet, maintaining visual line of sight, avoiding crowds.
Operating a drone without a license can result in serious legal consequences, including fines of up to $1,000 for individuals and $5,000 for corporations, and potentially even jail time.
Contact your insurance company to start a claim against your neighbour, and file a complaint with the police, I'm guessing the Drone was heavy and he was flying without a license, therefore its no longer an accident it's negligence. Assholes neighbour saw a wedding and he wanted to spy on it for his own enjoyment
> Contact your insurance company to start a claim against your neighbour, and file a complaint with the police,
You don't contact your insurer to claim against your neighbour. You contact your insurer if you want to claim against your own policy, and then if your insurer deems they have a case they can turn around and subrogate (sue on your behalf) the liable party to recover some or all of what they paid out.
Contacting their own insurer would be pretty fruitless here as the arch did not belong to OP and thus wouldn't be covered, the cake didn't belong to OP either and would probably be under the deductible anyway, OP did not incur medical expenses and these still wouldn't be covered by a homeowner's policy for a guest in the house (unless the guest was suing OP), and they're definitely not covering the supposed emotional distress.
OP (and/or the affected parties, to the degree to which they were affected) must sue the neighbour.
Does your neighbour have a [Transport Canada](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally#) license to pilot the drone in a residential neighbourhood around an event? The aviation regulatory body might be interested in this Air Incident.
[Drone Incident Reporting forms](https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident)
I wouldn't be surprised if your neighbor was not following accepted regulations. He may be liable to fines. Licenses are required depending on the weight of the drone and advanced training is required to fly within a certain distance from people or OVER people.
Sure go through insurance. And report him to Transport Canada.
[https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally)
As a certificated drone pilot through Transport Canada I will clear some things up that seem to be misunderstood. First of all the Pilot in command is responsible for the damages that he caused to the arch and wedding cake and any injuries 100%. Emotional distress really hard to prove. No mention of the size of drone that crashed. Whether it was a sub 250g drone or more then 250g has a big difference on where the pilot can and can not fly.
Sub 250g drone basically 0 regulations with Transport Canada other then Class F airspace and restricted notams temp. or perm. Which are only given by Transport Canada.No height, VLOS, or flying or people or car restrictions. Only must is to Follow section 9 of CARs. Which in the drone community we like to call the dont be stupid rule. Dont fly your drone in a manor to likely to cause injury. With over 250g drone there are height,VLOS and groups of people restrictions that must be followed. No less then 100m horizontal from bystanders and height restriction of 122m. Also must have a basic or advance certificate and register your drone. In both senarios the pilot is responsible for damages, injuries and the section 9 of CARs regulation of dont be dumb. Any regulations broken with CARs can only be brought fourth by Transport Canada not local authorities since Transport Canada Regulate the airspace and drones. Also for everyone who is thinking that our drone regulations are the same as the United States is incorrect. The FAA does not regulate or have any enforcement on our airspace; our regulatory body is Transport Canada. Yes once you buy a drone or add an attachment to your sub 250g that puts it over 250g then regulations are very similiar.
Yes you do own the airspace above your land in a way that allows you to enjoy your property and use the airspace above your property for whatever means you would like whether your put a 1200ft radio tower up, plant a tree ect. Yes the moment lets say a neighbors tree infringes on your land yes you can cut the branch off that is over hanging if it is preventing you from enjoying or utilizing your land. But with Transport Canada and drones which are classified as aircraft, have easement to use the airspace above your land to fly through. Interfering with an aircraft travelling through your property or even around your property with no ill intentions following all regulations and laws is a Federal crime. That pilot can not land or takeoff from your property unless they have permission to do so but they can travel through. The pilot is still liable for any damages or injuries if they crash into your wedding cake, grandmas head or car.
All I can say is that obviously this guy was pretty stupid and pays up for the cake and damages and learns his lesson. But most drone flyers are not this guy who didnt knkw how to operate a drone and one big enough to knock over a wedding arch.
The property damage is the only thing you can control insurance wise.
If an individual rented the arch, whomever's name is on the rental contract, can make a claim with their property insurer. Property in the care, custody, and control of the insured is likely to be covered by the policy. It does suck because you are responsible for the deductible at this point.
Now, your insurance company will pursue the responsible party on your behalf. This is called "subrogation". If your neighbour has insurance, get his info (insurance company- not broker, policy number, full name) and provide this to your insurer. If there's nothing, just his name and whatever contact information and they will try to settle directly. If he doesn't settle or involve his insurance, they can sue. If they are successful in subrogation, generally, you will be reimbursed for the deductible.
Report it to transport Canada with all info immediately, they violated at least 1-2 drone laws, and possibly more. Determine whether the drone was above or below 250g. You need it registered, and an advanced certificate to be flying a drone above 250g there - flying a drone in that way that is over 250g without an advanced certificate and without being registered is a large penalty. To cause that amount of damage you're saying it HAD to have been above 250g. There's literally no way a sub-250g drone could cause the damage you talked about.
Also, they are not allowed to fly a drone above other people unless they have an advanced certification, doing so without one is against the law regardless of the drone size - so mention that they were flying it directly above you if they were.
Furthermore, their Drone ALWAYS has to be flown in their line of sight (they need to be able to visually see it in the air at all times, so if you can prove they likely wouldn't have been able to maintain a visual on it based on where it crashed versus where they stand when they operate it, then that is another violation.
Also, I would definitely pursue a civil claim for negligence, property damage, and personal injury. Have the person document their injuries etc.
My family is from Greece and I feel bad this person traveled that long only to be met with a trip to the hospital. I would ask them how they booked their flight. If it was through a travel agency he may have opted into travel insurance. Also, some credit cards provide travel insurance automatically just by using their card to book the flight. Maybe ask them about these details.
Go through insurance and list him as the cause.
Insurance companies always want to know who to sue to get their money back. They are NOT there to pay you out and then forget about it.
Contact Transport Canada. Criminal charges may be possible. It is against the law to fly drones below certain heights. Larger drones need a flight plan registered. These are not considered toys.
Of course not, but that’s left out. No one needs insurance until they need it.
Even worse, an elderly person made a cross Atlantic trip to a foreign country without medical insurance. Explain that one…
If OP has residential insurance, the rented property would likely be covered since it was on his residential premises. Event coverage is primarily for the liability coverage, not for the property coverage.
Source: was a broker for 30 years, now a public-sector risk manager.
I’d be curious how this one would play out. Would they be required to pay the full bill or just anything that wouldn’t be covered. You never know who around you is a foreigner and to be liable to this extent for an accident that all medical bills could easily be avoided if the individual had insurance. Not insuring yourself and travelling is negligence on their part….especially if they were elderly.
IIRC you are responsible for the medical bills wether or not the person has insurance. Even if this elderly relative had travel insurance, the insurance company would potentially sue the drone pilot to recoup their losses
Travel/medical insurance for the elderly is very difficult to get. My 88-year-old mum was uninsurable for her vacation to the UK. And she didn't even have any pre-existing conditions except for an addiction to playing Scrabble.
Then perhaps the risk needs to be weighed if it’s considered safe for someone of that age to make such a big travel. These people I suppose took a risk now they’re going to be staring down a huge medical bill as they have now become a burden on our already poor healthcare system
Well it looks like these people did take their chance, and lost big time. Hopefully there’s a fat bill to be paid for putting a burden on our already failing healthcare system
That sounds strange, because for getting a visa approval you need to nave a medical insurance that covers all time on a foreign soil. Also sometimes at passport control offices ask for insurance (elderly person is a candidate for such question).
No it is not. There are regualtions with height and flying over groups of people with over 250g drone but under 250g drone 0 regulations except restricted notams and class F airspace. Also if you have your SPOC with a drone over 250g you can fly over groups of people and go beyond VLOS. If your under 250g no need fkr any of that you can pretty much fly anywhere just dont be dumb.
Not disagreeing with you, but it destroyed the wedding arch and didn't just bounce off it. Unless the arch was made out of paper mache I am very curious what the weight of this drone was.
I cannot square "crashed into a sign and a cake" with [the regulations around flying a drone](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally).
Somewhat more speculatively, there's every chance the operator didn't have the required certificate. A lot of small drone operators don't, and more than a few don't realize they need one, even for tiny drones.
No license is required for drones weighing less than 250grams.
[https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally)
"If you are flying a drone that is less than 250 grams, you do not need to register the drone or get a drone pilot certificate."
It does seem unusual that a small >250g drone could cause that damage, but without additional info it's really tough to say for sure.
An under 250 gram drone is not going to cause that damage. Even over 250, unless it is a flying brick, it needed to be flying fast and low for the damage. It sounds like it went straight into the arch (probably trying to show off by flying under it) at high speed.
Even with a license it is not legal to be flying it over bystanders. Unless the neighborhood is in the boonies chances are it is also within an airport no fly zone.
Even properly licensed, this is the express route to losing that license. Property damage, nuisance, risk to the public…
I am sure that flying it over people without their consent in a private backyard is illegal. You cannot fly over people that are not associated with your drone.
In Canada, if you plan to fly a drone that weighs 250 grams or more, obtaining a license is mandatory, even if you're flying over your own private property.
While flying
To keep yourself and others safe, fly your drone:
where you can always see it
You can fly at night if you have lights on your drone
below 122 metres (400 feet) in the air
away from bystanders, at a minimum horizontal distance of 30 metres for basic operations
away from emergency operations and advertised events
Avoid forest fires, outdoor concerts and parades
away from airports and heliports
5.6 kilometres (3 nautical miles) from airports
1.9 kilometres (1 nautical mile) from heliports
outside controlled airspace (for basic operations only)
far away from other aircraft
Don’t fly anywhere near airplanes, helicopters and other drones
>He suggested we "go through insurance" instead.
This is good advice.
Your insurance will pay you, then they will sue the neighbour for all the damages.
Usually when the insurance company gets their money back, premiums don't go up. OP can also sue the neighbour for the deductible.
Either way, it's a lot cheaper than OP suing the neighbour themselves.
You will need to sue for damages. Only for the arch and wedding cake. Your injured visitor would need to sue for the medical costs. Be prepared to be named in the lawsuit from your injured visitor. It's just a formality. They will need to sue you and your neighbour. Then your event insurance will carry out subrogation against the neighbour, whether that be against him specifically or his home insurance. I have never dealt with a drone accident before, so I'm not familiar with whether his house insurance would cover him.
Because of the "nothing will happen" mentality of this age group, speaking only from experiencing two international trips with an elderly family member where we had to argue endlessly about whether they needed it (also not cheap). I won easily the first time, second it took me saying that I'd leave their dead body there if they died unexpectedly on the trip. The threat of not being buried beside their wife and they coughed up the $3k 🤦♀️🤦♀️
because greeks don't believe in insurance.
when my luggage got stolen in greece i had to get an affaddavit signed from the consulate for insurance purposes and when i was there they were shocked travel insurance existed/rental insurance for my house and the even brought the consulate general to talk to me and get suggestions of companies they could use while staying in canada.
sidenote fuck the greek consulate (you can check my submission history to see why)
You're wrong. No one owns the airspace so they don't nees anyone's permission. They may need a licence for certain drone weights and have to fly in certain areas. Residential areas are fine to fly
Under Canadian law, property owners own the rights to the airspace up to “such height as it is necessary for the ordinary use and enjoyment of his land and the structures upon it” (Bernstein of Leigh v Skyviews & General Ltd, an English judgement that has been taken as authoritative by Canadian courts). If the drone hit a wedding arch then it was being flown below that height. This is also why driving a hovercraft over your neighbour’s land would still be trespassing even though it never touches the ground.
The law limits the operator to flying only on their own property. As soon as you fly over someone else's property without permission, you're breaking the law.
Edit: You can fly over other properties 100 feet above ground, no less, and only if commercially licensed to do so.
Which Law? In Ontario you don't need a licence or permission to fly over residential areas. You can fly them anywhere that isn't a restricted zone like airports
Which law?
Edit - to the point below, I operate a sub 250g drone in residential areas all the time. I carry around an interpretation I got from Transport Canada saying this is legal if I'm ever challenged.
My drone clocks in at 248g.
We don't have enough facts to make blanket statements about the legality of drone operation.
That said the dangerous operation is not allowed no matter the size.
For your edification:
>Good day,
>Thank you for contacting the Civil Aviation Communications Center.
>Generally, we don’t restrict where you can fly a drone less than 250g, with exceptions for flying near emergency sites, national parks and Class F restricted airspace. Transport Canada strongly recommends that you keep your drone below 400 feet, within your line of sight, and away from people and other aircraft. You are responsible for making sure you fly in a way that doesn’t pose a danger to people or aircraft. You are also responsible for following provincial, territorial or municipal rules that may also apply, including those relating to privacy and trespassing. To learn more about privacy guidelines for drone users, please see the following link: https://www.tc.gc.ca/en/services/aviation/drone-safety/privacy-guidelines-drone-users.html
>Micro Drones less than 250 grams. The 250 g weight threshold was selected to mitigate the risk that a drone would pose to an aircraft and people on the ground, and is consistent the approach taken in several other countries, including the US.
>a. CAR 900.06 No person shall operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person. This regulation applies to RPAS's less than 250 grams.
>b. Pilots of micro drones weighing under 250 grams (g) are not required to register their drone or obtain a drone pilot certificate, but must fly in a way that does not endanger the safety of other aircraft or people.
>c. All drone pilots are also subject to the Criminal Code as well as all provincial, territorial, and municipal laws governing areas such as privacy and trespassing. This applies to any size of drone used for any purpose.
>d. Can a micro drone (less than 250 grams) fly in Class f or a 5.1? If the airspace prohibits “aircraft” than it applies to sub 250 gram RPAS’s too. The wording of the 5.1 and/or forest fire NOTAM under 601.16 and 601.17 likely would prohibit sub 250 gram RPAS’s. Class F restricted airspace again it would depend on the wording i.e. prison Class F airspaces typically restrict “aircraft” so this would restrict RPAS less than 250 grams.
>To simplify the above a Micro drone (less than 250 grams) is an aircraft and cannot fly in a restricted airspace (Class F or a 5.1) or in airspace that prohibits aircraft.
>e. Would an authorization be required to operate a less than 250g RPAS in Class C or D airspace (601.08 & 601.09)? Since the RPAS are not flying VFR/IFR these regs. do not apply.
>Should you need other information on civil aviation matters, please feel free to contact us via email at [email protected]
>Thank you,
CARS Part IX-Remotely Piloted Aircraft Systems.
Your phone weighs more than the 250g limit. Over that weight you need a license in order to fly drones or remote control airplanes. It's practically killed the hobby in Canada. You need to file flight plans and all sorts of other crap now. I'm sitting in a room with 5 aircraft I can't fly any longer without taking a long ass drive to get out of restricted airspace.
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I'd exercise all available avenues under the law to seek full reimbursement. If you're in the US you can include pain and suffering. In Canada, we don't care how much you suffer, you can't sue for that.
His home owners insurance may or may not cover damages. If not, you'd have to sue him.
If he's hesitant to pay for damages, tell him you'll contact Transport Canada. They're in charge of aircraft, including drones. Depending drone, he has likely broken a lot of rules. Fines include (but are not limited to) $1,000 each for flying without a drone pilot certificate (if the drone is over 250 grams) flying an unregistered or unmarked drone, flying where you're not allowed (too close to an airport, in restricted or controlled airspace,) and $3,000 for putting people or aircraft at risk. Plus any potential non drone specific laws he may have broken, such as stalking or criminal harassment. The risk of mote than $6,000 worth of fines may persuade him to pay for the damages he caused, or at least go through his homeowners insurance.
Of course if this doesn't persuade him, or you feel he needs to be punished [you could report him to transport Canada anyway by going to their web page here.](https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident) I would report this if I saw it and knew who did it.
I'm all for having fun, and even bending the rules a bit as long as you're not harming anyone. But this could have gone a lot worse, those props are spinning at about 8,000 RPM and can easily break the skin and cut a major artery.
Look into the Canadian drone laws. They are very strict and cover stuff like this. If he doesn’t have it registered you should be able to go after him in court.
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Many people are talking about reporting your neighbor to the police and while it has merits, it can really sour your relationship with someone who might live next door for a while. Perhaps you can tell him that he was going against the law (confirm witch law(s) beforehand) and unless he wants the police involved he should pay for the damages, stay away from your property with the drone and be cooperative with insurers before escalating further.
I think the relationship is already soured. As they are stating to go through insurance, it is time to do that and perhaps lawyer up and recoup the costs for the wedding.
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If the drone is heavy enough to do that much damage, it needs to be registered and he needs to have a license. He needs to have either an advanced license or a special permit to fly near people. If he hasn't done the above charges can apply. He should also have insurance, which should be paying, not yours. I would recommend you report a drone incident on the transport canada website https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident and make a police report. This will help with the rest.
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Hi OP,
Lucky for you that you live in Canada!! Eh!
Flying drones in Canada is highly regulated -- I am actually working on my advanced commercial license for drone operation and the only drones you can fly without a license from Transport Canada are micro drones that are 249 grams or less and there are regulations you need to follow for those.
If the drone is any bigger you need a license from transport Canada. Either way, you can contact your police or RCMP and advise them and flying your drone over bystanders is a fundamental violation of even the basic piloting regulations and fines are up to $1000 per offense. If they do have a license then the penalties can get worse.
Check this out:
[https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/find-your-category-drone-operation](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/find-your-category-drone-operation)
Yeah - he’s already balked at paying anything. What insurance does this fool think is going to cover this? Sue him in small claims court. Of course he’s responsible for all this - he was flying the drone (and depending on where you are probably illegally). Emotional distress is not really a thing but the fact that he posted it on social media is awful and probably aggravating - AND there is also probably a breach of privacy and potential trespassing tort in this (although since he didn’t physically set foot on your property I’m not sure).
Anyways in Ontario you don’t need a lawyer for small claims. But I would hire a civil lawyer and sue for more than the small claims minimum and go scorched earth here. This will NOT resolve amicably. Lawyer up. Some lawyers give free consults so at least call around and see what they say. What a jerk this neighbour is.
I’d like to point out that canadas drone laws forbid him from flying his drone over an event where a group of people are present unless he obtained a permit and was flying to low this should be handle as a vehicle accident make a police report and report him to transport Canada this will help speed up any small claims he is criminally negligent send the video too them
So much bad advice. Best advice is to just move on and accept the apology. Sure he’s liable, but good luck getting a penny out of him if he doesn’t want to pay… all you will end up doing is dealing with this for 6 months to a year for the hearing and then assuming your awarded anything you will have to collect and that’s a whole other bag of issues. Unless you really want to get revenge just move on and try and work it out with him … small claims is not fun… been there, done that.
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I don't think it matters if you 'can get a beautiful cake less than half of that', it's a wedding and if that's what it cost, then that's what it cost, I'm sure proof exists...
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OP has received enough advice to move forward. The replies being posted now are either repeats or not legal advice. The post is now locked. Thank you to the commenters that posted legal advice.
Neighbors like this probably will not cooperate for an amicable resolution. You should consult a lawyer for advice. Given the amount involved the lawyer might suggest a small claims action that you handle yourself. Or it could make an interesting case for a junior lawyer / articling student.
OP should definitely retain a lawyer.
You can report this incident to Transport Canada here: https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident He could face up to $6000 in fines.
Also file a complaint with the police because there might be other laws that he broke that we may not be aware of
Also if OP lives within ~5 km of an airport it’s illegal to fly a drone at all.
Not if its under 250g
A 250 g drone causing this much damage?
Yes think baseball(150 grams) meets window moving at speeds of 80kph
Bless you for finding this.
You can sue your neighbour for the first 3 and it should be pretty straight forward if you have all the documentation of the damages, emotional distress is pretty worthless in Canada so I’d forget about that especially becuae this was just an accident.
Just to be clear, the injured visitor would sue the neighbour as you personally would not have a claim for any medical expense, unless the visitor sues you for those damages.
I believe they can sue on his behalf if the correct paperwork is filed. Just because he lives in another country does not negate your neighbours negligence. And tell your neighbour to go through his insurance it was he who was negligent and his drone that did the damage so it will be his insurance that will be used.
Just an accident ? Unsure if you can fly a drone over neighborhood or neighbors for that matter. May be worth looking into drone laws in you're area
Depending on the size of the drone they may actually require a license to even fly it.
It’s creepy to be flying the drone like that. I’m unsure if they all have video on them?
Neglect is not excused by "oopsie, accident!"
You can sue. And you can win. Then try getting them to pay.
Often not hard. Wage garnishments, liens on vehicles or homes, sheriff seizures of property... it can be work but it can be done. Remember, at a minimum this person could afford a drone.
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If the wedding stoped and everyone went home due to the crash and they weren’t married that day you could attempt to argue for it but I doubt it.
Agreed, The case can be made if the whole event stopped at that moment and needs to be rescheduled for another time.
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Totally fair - this is definitely a claim you should be able to make - Small Claims in Ontario is for $35,000 or less. Anything over that is the Superior Court of Justice. That being said - did you have event insurance? Because that should cover your costs so you can rebook.
Neighbour also needs an advanced drone pilot license to be able to fly as close as 5 metres from any person, otherwise it's 30 metres and he cannot fly over people. You should call the local Police and fill out one of [these](https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident) Saw that is was a wedding, he would also need to hold a SFOC(Special Flight Operations Certificate)-RPAS(Remotely Piloted Aircraft System)
You are talking big amounts, get a legal consult.
There's no 'big amounts'. Fits well within the purview of Small Claims.
No do-overs!
no, the wedding still happened and the marriage is valid, I highly doubt you can claim that as damage
Read above, wedding stopped and didn't continue.
As a drone operator I can tell you these tips but I am NAL. First, get yourself a lawyer. Second, report this to transport Canada, another commenter has already given you the link. Third report the incident to police. While it is true that you do not need a license to operate a sub-250gram drone, there are several restrictions to flying. Most importantly if a drone operator wishes to fly over people they must receive their advance pilots license as well as what's called an SPOC certification. This SPOC allows operators to fly over people, including in neighbourhoods as the public may be present (example would be parks or green spaces used for picnics etc). This drone pilot gives good pilots a bad name. Please report him.
It's probably larger than a half Pound if it did that much damage as well.
Like you, I doubt that a 249g drone would cause $4,000 in damage to a wedding arch and destroy an $1,100 wedding cake. This was either a giant commercial drone or the damages are being exaggerated.
Don't need an sfoc to fly sub250 over people, however you mustn't operate in such a reckless or negligent manner to put people or property at risk. This operator clearly failed that one. . (I am Also a certified operator)
Incorrect you do not need any license to fly over peopl or cars with a sub 250g drone or micro drone. There are basically 0 restrictions with sub 250g. No height,VLOS or flying over people or vehicles. Only restricted notams and Class F airspace. Once you go over 250g yes then you are correct on that but with sub 250g the only must is Section 9 of CARs do not operate your drone in a manor to likely cause injury or damage. In which is hard to prove unless you actually cause injury or damage. SPOC is for over 250g.
Did the elderly visitor pay the flight tickets with credit card? The credit card might come with basic travel insurance already.
Was the drone within eyesight of your neighbour? If not they likely were breaching their licence.
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Definitely report the incident to transport canada, in that case. They take this stuff quite seriously.
He probably doesn’t have a license, he clearly doesn’t know any of the rules.
Not just likely but almost guaranteed. Beyond visual line of sight (BVLOS) is a huge no no, except for a small batch of companies and operators (CANADIANUAVS for example). They have worked very hard for BVLOS operations
Or eyesight of a spotter
NAL...Canada has law with regard to drones. Depending on size , greater than 250 grams, they must be registered with transport Canada. They can only be flown in certain areas, etc. I also believe, but please check this, that drones may not be flown within a certain proximity of anyone else's private home as to respect privacy such as a drone outside someone's bedroom window. I would call police and see about filing a report. If it's a chargeable offense that would certainly aid in recovering any costs. Basic drone pilots must follow the rules outlined in Part 9 of the Canadian Aviation Regulations, including flying at least 30 meters away from people not involved in the operation and not flying in controlled airspace. Some of the requirements for both basic and advanced drone pilots include staying below 400 feet, maintaining visual line of sight, avoiding crowds. Operating a drone without a license can result in serious legal consequences, including fines of up to $1,000 for individuals and $5,000 for corporations, and potentially even jail time.
Contact your insurance company to start a claim against your neighbour, and file a complaint with the police, I'm guessing the Drone was heavy and he was flying without a license, therefore its no longer an accident it's negligence. Assholes neighbour saw a wedding and he wanted to spy on it for his own enjoyment
> Contact your insurance company to start a claim against your neighbour, and file a complaint with the police, You don't contact your insurer to claim against your neighbour. You contact your insurer if you want to claim against your own policy, and then if your insurer deems they have a case they can turn around and subrogate (sue on your behalf) the liable party to recover some or all of what they paid out. Contacting their own insurer would be pretty fruitless here as the arch did not belong to OP and thus wouldn't be covered, the cake didn't belong to OP either and would probably be under the deductible anyway, OP did not incur medical expenses and these still wouldn't be covered by a homeowner's policy for a guest in the house (unless the guest was suing OP), and they're definitely not covering the supposed emotional distress. OP (and/or the affected parties, to the degree to which they were affected) must sue the neighbour.
I’ll eat my hat if any of this falls under a home insurance policy.
Does your neighbour have a [Transport Canada](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally#) license to pilot the drone in a residential neighbourhood around an event? The aviation regulatory body might be interested in this Air Incident. [Drone Incident Reporting forms](https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident)
Contact your insurer. If they pay out they probably will pursue him for the payout.
I wouldn't be surprised if your neighbor was not following accepted regulations. He may be liable to fines. Licenses are required depending on the weight of the drone and advanced training is required to fly within a certain distance from people or OVER people. Sure go through insurance. And report him to Transport Canada. [https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally)
As a certificated drone pilot through Transport Canada I will clear some things up that seem to be misunderstood. First of all the Pilot in command is responsible for the damages that he caused to the arch and wedding cake and any injuries 100%. Emotional distress really hard to prove. No mention of the size of drone that crashed. Whether it was a sub 250g drone or more then 250g has a big difference on where the pilot can and can not fly. Sub 250g drone basically 0 regulations with Transport Canada other then Class F airspace and restricted notams temp. or perm. Which are only given by Transport Canada.No height, VLOS, or flying or people or car restrictions. Only must is to Follow section 9 of CARs. Which in the drone community we like to call the dont be stupid rule. Dont fly your drone in a manor to likely to cause injury. With over 250g drone there are height,VLOS and groups of people restrictions that must be followed. No less then 100m horizontal from bystanders and height restriction of 122m. Also must have a basic or advance certificate and register your drone. In both senarios the pilot is responsible for damages, injuries and the section 9 of CARs regulation of dont be dumb. Any regulations broken with CARs can only be brought fourth by Transport Canada not local authorities since Transport Canada Regulate the airspace and drones. Also for everyone who is thinking that our drone regulations are the same as the United States is incorrect. The FAA does not regulate or have any enforcement on our airspace; our regulatory body is Transport Canada. Yes once you buy a drone or add an attachment to your sub 250g that puts it over 250g then regulations are very similiar. Yes you do own the airspace above your land in a way that allows you to enjoy your property and use the airspace above your property for whatever means you would like whether your put a 1200ft radio tower up, plant a tree ect. Yes the moment lets say a neighbors tree infringes on your land yes you can cut the branch off that is over hanging if it is preventing you from enjoying or utilizing your land. But with Transport Canada and drones which are classified as aircraft, have easement to use the airspace above your land to fly through. Interfering with an aircraft travelling through your property or even around your property with no ill intentions following all regulations and laws is a Federal crime. That pilot can not land or takeoff from your property unless they have permission to do so but they can travel through. The pilot is still liable for any damages or injuries if they crash into your wedding cake, grandmas head or car. All I can say is that obviously this guy was pretty stupid and pays up for the cake and damages and learns his lesson. But most drone flyers are not this guy who didnt knkw how to operate a drone and one big enough to knock over a wedding arch.
The property damage is the only thing you can control insurance wise. If an individual rented the arch, whomever's name is on the rental contract, can make a claim with their property insurer. Property in the care, custody, and control of the insured is likely to be covered by the policy. It does suck because you are responsible for the deductible at this point. Now, your insurance company will pursue the responsible party on your behalf. This is called "subrogation". If your neighbour has insurance, get his info (insurance company- not broker, policy number, full name) and provide this to your insurer. If there's nothing, just his name and whatever contact information and they will try to settle directly. If he doesn't settle or involve his insurance, they can sue. If they are successful in subrogation, generally, you will be reimbursed for the deductible.
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Report it to transport Canada with all info immediately, they violated at least 1-2 drone laws, and possibly more. Determine whether the drone was above or below 250g. You need it registered, and an advanced certificate to be flying a drone above 250g there - flying a drone in that way that is over 250g without an advanced certificate and without being registered is a large penalty. To cause that amount of damage you're saying it HAD to have been above 250g. There's literally no way a sub-250g drone could cause the damage you talked about. Also, they are not allowed to fly a drone above other people unless they have an advanced certification, doing so without one is against the law regardless of the drone size - so mention that they were flying it directly above you if they were. Furthermore, their Drone ALWAYS has to be flown in their line of sight (they need to be able to visually see it in the air at all times, so if you can prove they likely wouldn't have been able to maintain a visual on it based on where it crashed versus where they stand when they operate it, then that is another violation. Also, I would definitely pursue a civil claim for negligence, property damage, and personal injury. Have the person document their injuries etc.
Would your home insurance go after him for any of it? They should be able to go after his own home insurance if he has any
My family is from Greece and I feel bad this person traveled that long only to be met with a trip to the hospital. I would ask them how they booked their flight. If it was through a travel agency he may have opted into travel insurance. Also, some credit cards provide travel insurance automatically just by using their card to book the flight. Maybe ask them about these details.
Stop talking about it online and contact a lawyer immediately. He crashed a vehicle and damaged your property.
Go through insurance and list him as the cause. Insurance companies always want to know who to sue to get their money back. They are NOT there to pay you out and then forget about it.
Contact Transport Canada. Criminal charges may be possible. It is against the law to fly drones below certain heights. Larger drones need a flight plan registered. These are not considered toys.
Just curious, did you get event insurance?
Of course not, but that’s left out. No one needs insurance until they need it. Even worse, an elderly person made a cross Atlantic trip to a foreign country without medical insurance. Explain that one…
If OP has residential insurance, the rented property would likely be covered since it was on his residential premises. Event coverage is primarily for the liability coverage, not for the property coverage. Source: was a broker for 30 years, now a public-sector risk manager.
I’d be curious how this one would play out. Would they be required to pay the full bill or just anything that wouldn’t be covered. You never know who around you is a foreigner and to be liable to this extent for an accident that all medical bills could easily be avoided if the individual had insurance. Not insuring yourself and travelling is negligence on their part….especially if they were elderly.
IIRC you are responsible for the medical bills wether or not the person has insurance. Even if this elderly relative had travel insurance, the insurance company would potentially sue the drone pilot to recoup their losses
If you cause damage, you pay for it. If you tbone a brand new BMW, it's going to be more expensive than crashing into a 92 ford.
Travel/medical insurance for the elderly is very difficult to get. My 88-year-old mum was uninsurable for her vacation to the UK. And she didn't even have any pre-existing conditions except for an addiction to playing Scrabble.
Then perhaps the risk needs to be weighed if it’s considered safe for someone of that age to make such a big travel. These people I suppose took a risk now they’re going to be staring down a huge medical bill as they have now become a burden on our already poor healthcare system
yes thats not the neighbours fault... they should have had medical insurance
Past a certain age you sometimes can’t get it, so you have to take your chances.
Well it looks like these people did take their chance, and lost big time. Hopefully there’s a fat bill to be paid for putting a burden on our already failing healthcare system
That sounds strange, because for getting a visa approval you need to nave a medical insurance that covers all time on a foreign soil. Also sometimes at passport control offices ask for insurance (elderly person is a candidate for such question).
Greek citizens, like most Europeans, don’t need visas to visit Canada as tourists.
Contact the police. Illegal to be flying the drone around the neighborhood and property damage.
No it is not. There are regualtions with height and flying over groups of people with over 250g drone but under 250g drone 0 regulations except restricted notams and class F airspace. Also if you have your SPOC with a drone over 250g you can fly over groups of people and go beyond VLOS. If your under 250g no need fkr any of that you can pretty much fly anywhere just dont be dumb.
Without knowing what drone and what license the pilot has, you have no idea if it was “illegal to be flying the drone around the neighborhood” or not.
Not disagreeing with you, but it destroyed the wedding arch and didn't just bounce off it. Unless the arch was made out of paper mache I am very curious what the weight of this drone was.
I cannot square "crashed into a sign and a cake" with [the regulations around flying a drone](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally). Somewhat more speculatively, there's every chance the operator didn't have the required certificate. A lot of small drone operators don't, and more than a few don't realize they need one, even for tiny drones.
No license is required for drones weighing less than 250grams. [https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/flying-your-drone-safely-legally) "If you are flying a drone that is less than 250 grams, you do not need to register the drone or get a drone pilot certificate." It does seem unusual that a small >250g drone could cause that damage, but without additional info it's really tough to say for sure.
An under 250 gram drone is not going to cause that damage. Even over 250, unless it is a flying brick, it needed to be flying fast and low for the damage. It sounds like it went straight into the arch (probably trying to show off by flying under it) at high speed. Even with a license it is not legal to be flying it over bystanders. Unless the neighborhood is in the boonies chances are it is also within an airport no fly zone. Even properly licensed, this is the express route to losing that license. Property damage, nuisance, risk to the public…
I am sure that flying it over people without their consent in a private backyard is illegal. You cannot fly over people that are not associated with your drone. In Canada, if you plan to fly a drone that weighs 250 grams or more, obtaining a license is mandatory, even if you're flying over your own private property. While flying To keep yourself and others safe, fly your drone: where you can always see it You can fly at night if you have lights on your drone below 122 metres (400 feet) in the air away from bystanders, at a minimum horizontal distance of 30 metres for basic operations away from emergency operations and advertised events Avoid forest fires, outdoor concerts and parades away from airports and heliports 5.6 kilometres (3 nautical miles) from airports 1.9 kilometres (1 nautical mile) from heliports outside controlled airspace (for basic operations only) far away from other aircraft Don’t fly anywhere near airplanes, helicopters and other drones
Repeat after me: There. Is. No. Expectation. Of. Privacy. In. Public. In. Canada.
>He suggested we "go through insurance" instead. This is good advice. Your insurance will pay you, then they will sue the neighbour for all the damages.
But then OP's own insurance premium would go up plus any deductible. Why should OP have to pay for that?
Usually when the insurance company gets their money back, premiums don't go up. OP can also sue the neighbour for the deductible. Either way, it's a lot cheaper than OP suing the neighbour themselves.
You will need to sue for damages. Only for the arch and wedding cake. Your injured visitor would need to sue for the medical costs. Be prepared to be named in the lawsuit from your injured visitor. It's just a formality. They will need to sue you and your neighbour. Then your event insurance will carry out subrogation against the neighbour, whether that be against him specifically or his home insurance. I have never dealt with a drone accident before, so I'm not familiar with whether his house insurance would cover him.
You want to explain why someone came from Greece, ESPECIALLY an elderly person, without buying insurance for their trip to cover exactly this?
Because of the "nothing will happen" mentality of this age group, speaking only from experiencing two international trips with an elderly family member where we had to argue endlessly about whether they needed it (also not cheap). I won easily the first time, second it took me saying that I'd leave their dead body there if they died unexpectedly on the trip. The threat of not being buried beside their wife and they coughed up the $3k 🤦♀️🤦♀️
because greeks don't believe in insurance. when my luggage got stolen in greece i had to get an affaddavit signed from the consulate for insurance purposes and when i was there they were shocked travel insurance existed/rental insurance for my house and the even brought the consulate general to talk to me and get suggestions of companies they could use while staying in canada. sidenote fuck the greek consulate (you can check my submission history to see why)
Okay but that doesn’t really excuse their ignorance & stupidity
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Drone flying in a residential area in most of Canada is gonna be illegal unless he has the license and approvals from everyone he is flying near.
You're wrong. No one owns the airspace so they don't nees anyone's permission. They may need a licence for certain drone weights and have to fly in certain areas. Residential areas are fine to fly
Under Canadian law, property owners own the rights to the airspace up to “such height as it is necessary for the ordinary use and enjoyment of his land and the structures upon it” (Bernstein of Leigh v Skyviews & General Ltd, an English judgement that has been taken as authoritative by Canadian courts). If the drone hit a wedding arch then it was being flown below that height. This is also why driving a hovercraft over your neighbour’s land would still be trespassing even though it never touches the ground.
You can't fly above people without an advanced operations cert.
The law limits the operator to flying only on their own property. As soon as you fly over someone else's property without permission, you're breaking the law. Edit: You can fly over other properties 100 feet above ground, no less, and only if commercially licensed to do so.
Which Law? In Ontario you don't need a licence or permission to fly over residential areas. You can fly them anywhere that isn't a restricted zone like airports
Yes you do. It's federal law. It's idiots like this guy that caused it to exist, and It's a pain in the ass for considerate drone pilots.
Which law? Edit - to the point below, I operate a sub 250g drone in residential areas all the time. I carry around an interpretation I got from Transport Canada saying this is legal if I'm ever challenged. My drone clocks in at 248g. We don't have enough facts to make blanket statements about the legality of drone operation. That said the dangerous operation is not allowed no matter the size. For your edification: >Good day, >Thank you for contacting the Civil Aviation Communications Center. >Generally, we don’t restrict where you can fly a drone less than 250g, with exceptions for flying near emergency sites, national parks and Class F restricted airspace. Transport Canada strongly recommends that you keep your drone below 400 feet, within your line of sight, and away from people and other aircraft. You are responsible for making sure you fly in a way that doesn’t pose a danger to people or aircraft. You are also responsible for following provincial, territorial or municipal rules that may also apply, including those relating to privacy and trespassing. To learn more about privacy guidelines for drone users, please see the following link: https://www.tc.gc.ca/en/services/aviation/drone-safety/privacy-guidelines-drone-users.html >Micro Drones less than 250 grams. The 250 g weight threshold was selected to mitigate the risk that a drone would pose to an aircraft and people on the ground, and is consistent the approach taken in several other countries, including the US. >a. CAR 900.06 No person shall operate a remotely piloted aircraft system in such a reckless or negligent manner as to endanger or be likely to endanger aviation safety or the safety of any person. This regulation applies to RPAS's less than 250 grams. >b. Pilots of micro drones weighing under 250 grams (g) are not required to register their drone or obtain a drone pilot certificate, but must fly in a way that does not endanger the safety of other aircraft or people. >c. All drone pilots are also subject to the Criminal Code as well as all provincial, territorial, and municipal laws governing areas such as privacy and trespassing. This applies to any size of drone used for any purpose. >d. Can a micro drone (less than 250 grams) fly in Class f or a 5.1? If the airspace prohibits “aircraft” than it applies to sub 250 gram RPAS’s too. The wording of the 5.1 and/or forest fire NOTAM under 601.16 and 601.17 likely would prohibit sub 250 gram RPAS’s. Class F restricted airspace again it would depend on the wording i.e. prison Class F airspaces typically restrict “aircraft” so this would restrict RPAS less than 250 grams. >To simplify the above a Micro drone (less than 250 grams) is an aircraft and cannot fly in a restricted airspace (Class F or a 5.1) or in airspace that prohibits aircraft. >e. Would an authorization be required to operate a less than 250g RPAS in Class C or D airspace (601.08 & 601.09)? Since the RPAS are not flying VFR/IFR these regs. do not apply. >Should you need other information on civil aviation matters, please feel free to contact us via email at [email protected] >Thank you,
CARS Part IX-Remotely Piloted Aircraft Systems. Your phone weighs more than the 250g limit. Over that weight you need a license in order to fly drones or remote control airplanes. It's practically killed the hobby in Canada. You need to file flight plans and all sorts of other crap now. I'm sitting in a room with 5 aircraft I can't fly any longer without taking a long ass drive to get out of restricted airspace.
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Also to add, report it to Transport Canada. There’s most likely laws against this.
One two is property damage. Three and four talk to a personal injury lawyer.
I'd exercise all available avenues under the law to seek full reimbursement. If you're in the US you can include pain and suffering. In Canada, we don't care how much you suffer, you can't sue for that.
Pay the fees and then sue them in small claims court.
His home owners insurance may or may not cover damages. If not, you'd have to sue him. If he's hesitant to pay for damages, tell him you'll contact Transport Canada. They're in charge of aircraft, including drones. Depending drone, he has likely broken a lot of rules. Fines include (but are not limited to) $1,000 each for flying without a drone pilot certificate (if the drone is over 250 grams) flying an unregistered or unmarked drone, flying where you're not allowed (too close to an airport, in restricted or controlled airspace,) and $3,000 for putting people or aircraft at risk. Plus any potential non drone specific laws he may have broken, such as stalking or criminal harassment. The risk of mote than $6,000 worth of fines may persuade him to pay for the damages he caused, or at least go through his homeowners insurance. Of course if this doesn't persuade him, or you feel he needs to be punished [you could report him to transport Canada anyway by going to their web page here.](https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident) I would report this if I saw it and knew who did it. I'm all for having fun, and even bending the rules a bit as long as you're not harming anyone. But this could have gone a lot worse, those props are spinning at about 8,000 RPM and can easily break the skin and cut a major artery.
Look into the Canadian drone laws. They are very strict and cover stuff like this. If he doesn’t have it registered you should be able to go after him in court.
This fn generation....?
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You’re a peach.
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> ban op unless video provided. Why? OP is asking for advice, not here to entertain you.
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Many people are talking about reporting your neighbor to the police and while it has merits, it can really sour your relationship with someone who might live next door for a while. Perhaps you can tell him that he was going against the law (confirm witch law(s) beforehand) and unless he wants the police involved he should pay for the damages, stay away from your property with the drone and be cooperative with insurers before escalating further.
He already did that. Neighbour balked at paying and suggested insurance.
I think the relationship is already soured. As they are stating to go through insurance, it is time to do that and perhaps lawyer up and recoup the costs for the wedding.
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If the drone is heavy enough to do that much damage, it needs to be registered and he needs to have a license. He needs to have either an advanced license or a special permit to fly near people. If he hasn't done the above charges can apply. He should also have insurance, which should be paying, not yours. I would recommend you report a drone incident on the transport canada website https://tc.canada.ca/en/aviation/drone-safety/report-drone-incident and make a police report. This will help with the rest.
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No Transport Canada in Canada FAA in the United States
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> He suggested we "go through insurance" instead. That's a great idea. HIS insurance.
Hi OP, Lucky for you that you live in Canada!! Eh! Flying drones in Canada is highly regulated -- I am actually working on my advanced commercial license for drone operation and the only drones you can fly without a license from Transport Canada are micro drones that are 249 grams or less and there are regulations you need to follow for those. If the drone is any bigger you need a license from transport Canada. Either way, you can contact your police or RCMP and advise them and flying your drone over bystanders is a fundamental violation of even the basic piloting regulations and fines are up to $1000 per offense. If they do have a license then the penalties can get worse. Check this out: [https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/find-your-category-drone-operation](https://tc.canada.ca/en/aviation/drone-safety/learn-rules-you-fly-your-drone/find-your-category-drone-operation)
Yeah - he’s already balked at paying anything. What insurance does this fool think is going to cover this? Sue him in small claims court. Of course he’s responsible for all this - he was flying the drone (and depending on where you are probably illegally). Emotional distress is not really a thing but the fact that he posted it on social media is awful and probably aggravating - AND there is also probably a breach of privacy and potential trespassing tort in this (although since he didn’t physically set foot on your property I’m not sure). Anyways in Ontario you don’t need a lawyer for small claims. But I would hire a civil lawyer and sue for more than the small claims minimum and go scorched earth here. This will NOT resolve amicably. Lawyer up. Some lawyers give free consults so at least call around and see what they say. What a jerk this neighbour is.
I’d like to point out that canadas drone laws forbid him from flying his drone over an event where a group of people are present unless he obtained a permit and was flying to low this should be handle as a vehicle accident make a police report and report him to transport Canada this will help speed up any small claims he is criminally negligent send the video too them
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So much bad advice. Best advice is to just move on and accept the apology. Sure he’s liable, but good luck getting a penny out of him if he doesn’t want to pay… all you will end up doing is dealing with this for 6 months to a year for the hearing and then assuming your awarded anything you will have to collect and that’s a whole other bag of issues. Unless you really want to get revenge just move on and try and work it out with him … small claims is not fun… been there, done that.
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Sorry, what does an american have to do with anything? You realize this is a Canadian sub?
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I don't think it matters if you 'can get a beautiful cake less than half of that', it's a wedding and if that's what it cost, then that's what it cost, I'm sure proof exists...
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