Neighbours concerned about safety, damage as stray golf balls keep coming from Oshawa course

Neighbours beside an Oshawa golf course say they are concerned and frustrated with ongoing safety and property damage issues caused by stray golf balls flying off the property and into the neighbourhood.

“I’ve been hit in the shoulder just the other day and it knocked me right over and I had to go to the clinic,” Daryl Macleod said.

“There [have] always been many balls that come over, but it’s just getting insane with the amount of balls that are coming over.”

During an interview, he showed a grocery bag with 25 to 30 golf balls of various makes and said those were collected over a week-and-a-half. One of the balls had an Oshawa Golf and Curling Club crest. He said the balls came from players playing at the club’s 15th hole.

Macleod, who lives off of Park Road North near Rossland Road West, contacted CityNews and said it’s not just him who has been injured.

“There was one neighbour that’s been hit in the leg while walking up Park Road. One came close to getting hit in the face,” he said, adding he’s worried one of his daughters could be injured while playing in front of the house.

“She’s always out front doing cartwheels and I tried to tell her to play in the back and not in the front, but it’s her home she should be able to play wherever she wants on her property.”

When it comes to his home and property, Macleod said there are numerous dents. He said damage to the garage was so bad he needed to replace the door. Two dents were also visible on his newer truck, which Macleod noted cost him hundreds of dollars to fix.

He said the issues are compounded when City of Oshawa crews who maintain the nearby road allowance cause golf balls to shoot across the road when lawnmowers pass over.

When asked about the vehicles that use Park Road North, he said he’s concerned there could be a potential collision if a ball hit a windshield and caused a driver to veer off their path.

“It’s a busy road with motorists: Senior citizens (are) walking up down the sidewalk, a lot of school kids after school, a lot of schools in the area,” Macleod said.

Macleod said he has called and emailed the club multiple times to get the staff to take action, but added sometimes he doesn’t receive satisfactory responses or sometimes doesn’t get an answer. He said he would like to see safety netting installed close the problematic area.

“It’s basically they’re telling me that there’s no liability on them. The club’s been there for over 100 years, much longer than this community and that they take no responsibility or liability for anything comes over the fence,” he said.

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CityNews contacted the Oshawa Golf and Curling Club to ask about the situation and the calls for safety netting. No one was made available for an on-camera interview, but the facility’s operations manager said in a statement staff met with Macleod three times to try to address the issues.

“He has since presented two more claims earlier this week of property damage and personal injury. These allegations are being taken very seriously and we want to ensure that we utilize the proper channels to find a resolution,” Will Mitchell wrote Thursday afternoon.

“We are currently discussing preventative measures, working with our insurance provider, and using their guidance to determine our next steps.”

He said he and the staff weren’t aware of any other complaints from residents on Park Road North.

“Our club has been a pillar of the community for the last 114 years and we would like to maintain the relationship with our neighbours and surrounding community,” Mitchell said.

Macleod also said he recently called his local Ward 4 councillors for help, but didn’t hear back. CityNews contacted the mayor’s office and both Oshawa councillors on Wednesday to ask what can be done at the municipal level, but responses weren’t received by the time of publication Thursday evening.

Even though this particular matter isn’t in court currently, CityNews spoke with personal injury lawyer Nainesh Kotak in order to better understand the potential legal issues that could arise in similar situation. He said he doesn’t have all the details from both sides, but said golf courses could potentially be on the hook.

“I think particularly in situations where the golf course has been warned about the problems, have been asked to remedy the situation but haven’t done so, they haven’t put up nets or taken other sort of protection measures, I think that liability would be much more easy to be found,” he said.

Kotak said there are two potential claims that could be made in court.

“The first is the tort of nuisance, and that is the substantial that unreasonable interference with the enjoyment of private properties for another individual or group,” he said.

“The second is the actual tort of negligence and that is first if the person suing can establish that the golf course had a duty of care to the surrounding homes.”

As for the golfers, Kotak said there could be potential responsibility but noted that’s problematic.

“Ssually the golfer will pick up … their bag and leave, so identification of the golfer may often be very difficult,” he said.

Meanwhile, Macleod continues to wait for help while worrying the issues will continue.

“What’s next for me? Continue paying out of pocket and being in fear of being struck again or my children to be struck,” he said.