Crane 'repeatedly left' hanging over Vancouver home caused 'considerable anxiety,' lawsuit claims
A Vancouver couple suffered “considerable anxiety” after a crane at a neighbouring construction site was repeatedly left dangling over their property, according to a lawsuit they filed against the developer.
The claim, filed against StreetSide Developments last week in B.C. Supreme Court, alleges the construction site on Quebec Street near 33rd Avenue encroached on the air space above the couple’s property on multiple occasions.
"The crane has been repeatedly left in a position where it swings or is suspended for several consecutive hours approximately 50 feet over the lands, posing a safety risk, causing considerable anxiety and interfering with the plaintiffs' use and enjoyment of their home," the lawsuit reads.
StreetSide Developments didn't attempt to contact the neighbours to make "an overswing agreement" to give the developer permission to use the airspace above their home, according to the documents.
The plaintiffs claim they "made several attempts to contact StreetSide" in April about their safety concerns, but didn't get a response. Then, in May, they contacted the construction company's development manager to request the crane not be left hanging over their property when it's not in use.
The lawsuit says the development manager agreed the crane wouldn't be left over their home at the end of each day, saying a "crane swing agreement was in the process of being finalized."
In mid-May, StreetSide informed the neighbouring residents they "could only agree to either a reciprocal easement or a fee payment for a one-way licence agreement," the lawsuit says. Days later, the company acknowledged the crane was "illegally encroaching" on the residents' property and said it "would continue to do so," according to the documents.
"The plaintiffs reiterated their concerns regarding safety risks, and heightened anxiety with respect to the positioning of the crane," the lawsuit says, adding that by the end of May, it "became apparent" an agreement wouldn't be reached between the company and those living next to the site.
"The defendant has acted in total disregard and blatant violation of the plaintiffs' property rights," the lawsuit alleges. "Further, the continued operation of the crane with the knowledge that doing so constituted an unlawful trespass is deliberate and high-handed conduct deserving of a rebuke by the court."
In a statement sent to CTV News Vancouver on Wednesday, StreetSide said the matter was "adjourned," but has not responded to a request for clarification. In its statement, StreetSide said it has replaced the original crane with a smaller one, which it says "will not affect this homeowner."
"As community builders, we understand the importance of being good neighbours and minimizing disruptions in the community," the company said.
CTV News Vancouver has reached out to the plaintiffs' lawyer for comment on StreetSide's response. This article will be updated if a comment is received.
In filing the lawsuit, the plaintiffs sought a declaration of trespass, an injunction preventing the company from using the crane over the neighbouring property, damages for trespass and nuisance, and punitive damages.
The allegations have not been proven in court.
CTVNews.ca Top Stories
Canadian family stuck in Lebanon anxiously awaits flight options amid Israeli strikes
A Canadian man who is trapped in Lebanon with his family says they are anxiously waiting for seats on a flight out of the country, as a barrage of Israeli airstrikes continues.
Suspect in shooting of Toronto cop was out on bail
A 21-year-old man who was charged with attempted murder in the shooting of a Toronto police officer this week was out on bail at the time of the alleged offence, court documents obtained by CTV News Toronto show.
Scientists looked at images from space to see how fast Antarctica is turning green. Here's what they found
Parts of icy Antarctica are turning green with plant life at an alarming rate as the region is gripped by extreme heat events, according to new research, sparking concerns about the changing landscape on this vast continent.
DEVELOPING 2 dead after fire rips through historic building in Old Montreal
At least two people are dead and others are injured after a fire ripped through a century-old building near Montreal's City Hall, sources told Noovo Info.
Yazidi woman captured by ISIS rescued in Gaza after more than a decade in captivity
A 21-year-old Yazidi woman has been rescued from Gaza where she had been held captive by Hamas for years after being trafficked by ISIS.
A 6-year-old girl was kidnapped in Arkansas in 1995. Almost 30 years later, a suspect was identified
Nearly 30 years after a six-year-old girl disappeared in Western Arkansas, authorities have identified a suspect in her abduction through DNA evidence.
Dolphins 'smile' at each other when they play and to avoid misunderstanding, study finds
For humans, flashing a smile is an easy way to avoid misunderstanding. And, according to a new study, bottlenose dolphins may use a similar tactic while playing with each other.
Pit bulls in B.C. pet mauling tested positive for meth, cocaine, says city
Three pit bulls involved in a deadly attack on another dog last month in Kamloops, B.C., tested positive for methamphetamine and cocaine, and the city is going to court to have them put down.
Tax rebate: Canadians with low to modest incomes to receive payment on Friday
Canadians who are eligible for a GST/HST tax credit can expect their final payment of the year on Friday.