A dispute between two neighbours in Campbell River in which one intended to 91裸聊视频渦pset, offend and cause stress,91裸聊视频� has resulted in more than $16,000 in damages, according to a recent decision in B.C. provincial court.
Judge Catherine Crockett made her decision July 31, against Reno Pellegrin in his dispute with John and Sherri Wheeldon which lasted more than six years, primarily involving a concrete retaining wall between two neighbouring properties.
In 2008, the Wheeldons constructed a sports court at the back of their lot, and a concrete retaining wall between their property and the Pellegrin91裸聊视频檚. Due to a miscalculation of the property line and the fact the concrete spread, part of the wall ended up on the Pellegrin property.
In her decision, Crockett noted the error was inadvertent, not intentional.
She also explained Pellegrin testified that despite the wall being on his land, it was also to his benefit, as it effectively shored up his yard, which is higher than the Wheeldons91裸聊视频� property.
Around 2013 to 2014, the cordial relationship between the neighbours broke down. In April 2014, Pellegrin dumped approximately 20 pounds of dog feces on the Pellegrin/Wheeldon property line.
Crockett said it is clear the retaining wall constitutes an ongoing trespass. On Dec. 15, 2015, Pellegrin took the position he was entitled to remove the wall, and partially took it down with a jackhammer. He estimated he removed 14 inches from the top.
91裸聊视频淢r. Pellegrin submits that spraypainting the word 91裸聊视频楻emove91裸聊视频� on the wall in May and June of 2015 was a form of warning, as was his letter of June 9, 2014,91裸聊视频� she wrote.
In the decision, Crockett reviewed videos of Pellegrin taking down the wall. Some of the statements she heard from Pellegrin on the videos include: 91裸聊视频淗ope you and yours have a merry merry Xmas 91裸聊视频�. This is what happens when you don91裸聊视频檛 get along with your neighbours 91裸聊视频�. Call the cops about every little thing. Call bylaws and animal control about every little thing. Here91裸聊视频檚 what happens.91裸聊视频�
She said Pellegrin created a dangerous situation with concrete falling to the ground, jackhammering at the level of people91裸聊视频檚 faces and causing the fence to fall.
91裸聊视频淭he evidence also establishes, quite clearly, that Mr. Pellegrin91裸聊视频檚 actions were motivated by malice 91裸聊视频� in short, this was a vindictive, pointless, dangerous and unlawful act.91裸聊视频�
Crockett added while the law does permit a person to remove a trespass or nuisance in certain circumstances, 91裸聊视频渢his is not the case.91裸聊视频�
There was no urgency to the situation. The wall caused him no harm. In fact, as he testified, the wall benefited him, she wrote. 91裸聊视频淗is jackhammering of the wall was anything but a proportionate response to the trespass. There was nothing approaching 91裸聊视频榚xceptional circumstances91裸聊视频� to justify his action.91裸聊视频�
Due to trespassing, Crockett awarded $2 in favour of Pellegrin against the Wheeldons: $1 for walking onto Pellegrin91裸聊视频檚 property on various dates and another dollar for the ongoing trespass of the retaining wall.
She awarded $16,801 to the Wheeldons which included $6,300 to replace the retaining wall, $6,000 in general damages and $2,500 in general, aggravated and punitive damages for various repeated nuisances and trespasses.
For more news from Vancouver Island and beyond delivered daily into your inbox, please
photos@comoxvalleyrecord.com
Like us on and follow us on
