'Vindictive and malicious': B.C. court weighs in on long-running neighbour dispute
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A B.C. judge has issued a decision in a years-long dispute between neighbours that began with a noise complaint over barking dogs, crowing roosters and quacking ducks – awarding $15,000 in damages to the plaintiffs in the case.
A B.C. judge has issued a decision in a years-long dispute between neighbours that began with a noise complaint over barking dogs, crowing roosters and quacking ducks – awarding $15,000 in damages to the plaintiffs in the case.
A hearing took place over five days in Quesnel earlier this year and Judge Michael J. Brecknell's ruling was posted online earlier this month.
Mark and Beverly Croxall filed a lawsuit in provincial court in 2022, claiming their previous attempts to resolve their issues with their neighbours – first through conversation and then through bylaw complaints to the regional district about excessive noise and "unauthorized poultry" – had failed.
Further, they alleged that their neighbours, James Laverdure and Carrie Graham, engaged in an escalating and "vindictive" series of "retaliatory acts" after they involved the district and filed the lawsuit.
"They presented extensive evidence of the defendants' interference with their life, including recordings of barking dogs, crowing roosters, quacking ducks, loud engine revving, horn honking, and stereo music early in the morning meant to wake them up," Brecknell wrote, summarizing the submissions the Croxalls made in support of their claim.
"They also presented evidence of lights shining, cameras pointing, and recordings being made from the defendant’s property."
Laverdure and Graham, for their part, filed a counterclaim – seeking damages from their neighbours on a number of grounds and asking for $20,000. All of their claims were dismissed, except one for trespass.
