This document discusses the legal liability of golf courses for errant golf balls that enter neighboring private properties. Golf courses may be found liable for nuisance or negligence in such situations. For nuisance, liability depends on the frequency of golf ball intrusions - over 200 balls per year generally establishes nuisance. Negligence requires a reasonable possibility of injury or damage from errant balls. Mitigation efforts by golf courses can reduce damages owed but not eliminate liability. Sanctions may include damages, injunctions, or closure in extreme cases. Communication and design changes are presented as alternatives to litigation.

1. Helping to create windows of opportunity

2. Neighbours and Golf Ball Intrusions National Golf Course Owners Association Conference August 28, 2006 Presented by Hillary Stephenson

7. Definition of “unreasonable” “ Interference must be such as would not be tolerated by the ordinary occupier” Carley v. Willow Park Golf Course Ltd. “ No use of land is reasonable if it produces substantial discomfort to others, or materially damages their property”

11. Negligence: Definition Failure to take reasonable care in preventing injury to another

12. Negligence and Errant Golf Balls Is there a reasonable possibility of a golf ball being hit into the neighbours’ property? Is there a reasonable possibility of injury and damage?

13. Negligence and Errant Golf Balls If so, a duty is owed to the neighbour to take steps to eliminate the problem

19. Mitigation Mitigation not necessarily a defence Mitigation may reduce damages

20. Mitigation Examples by Golf Courses Moving tee boxes and greens Erecting fences Planting protective trees Monitors

21. Mitigation Examples by Driving Ranges Fences Golf club restrictions Re-orienting tee-off mats Reducing tee height Limited-flight balls Monitoring

24. Hillary Stephenson, LL.B Alexander Holburn Beaudin & Lang LLP Phone: 604.642.2424 E-mail: [email_address] The information contained in this presentation is for informational purposes only and does not create a lawyer-client relationship. The information provided in this presentation is summary in nature and does not constitute legal advice. We would be pleased to provide additional details or advice about specific situations if desired. For permission to disseminate this information, please contact Heather Gray-Grant, Director of Marketing at (604) 688-1351.