Beaver dam hazard to Hwy #41

James G. Oborne | Apr 21, 2016

I own 85 acres of land with 1300’ of frontage overlooking Mazinaw Lake, which was purchased by my grandfather in 1933 prior to Hwy #41 being constructed. Towards the top of the escarpment separating the Quinte and Mississippi watersheds, there is a large pond often infested by beavers.

Many years ago, the beavers, (and I have nothing against one of Canada’s national symbols - they were here before we were), built a large dam, which gave way and took out part of Hwy #41, closing it for several days - a hole 25’ wide and 15’ deep. North/south traffic was re-routed via Bancroft, necessitating a five-hour round trip from Denbigh to school in Cloyne. While this was exciting for the children I have talked to since, it could have resulted in a tragedy had a vehicle been passing at the time.

I alerted the clerk and council of Addington Highlands a few years ago that under case law and Ontario Provincial expression on the topic, property owners are not responsible for downstream damage caused by beavers, if such owner did not construct something to cause same.

Recently, it was raised by Council that another property along #41 had a beaver dam that was endangering downstream properties. I quickly sent an e-mail to Clerk and Council, reminding them that to be a good citizen, I had hired a trapper last November to monitor the pond level and to sustainably trap any beaver found. Good thing, as he found the pond at a dangerously high level. After eight trips, he had trapped some of the beaver and lowered the dam by over 2 feet - a huge volume of water. As beaver pelts are virtually worthless, we agreed that I should pay $300 for this work, and I did so happily.

I have not had a response to any of my communications to council. However:

Why has there been no mention at Council about the one beaver dam that caused considerable damage and was a huge risk to travelers - mine?

Where was the Township in monitoring this pond and culling beavers as appropriate?

What if I hadn’t hired the trapper and the dam washed away, damaged the Mazinaw Resort or other property - or worse, killed someone?

Despite being convinced that I do not have a liability, I could go bankrupt trying to defend myself from one or more levels of government suing me with other people's money (taxpayers) for property damage or loss of life.

Why has the Township not acknowledged my communications and its responsibility and liability related to any beaver damage from my pond?