Duplex owner must clean up trash, stop letting people sleep in cars on common property, B.C. tribunal rules
Residents of a B.C. duplex have been ordered to – among other things – stop letting people sleep in their cars parked in front of the property, according to a ruling on a dispute between owners.
The Civil Resolution Tribunal heard a number of claims related to the use of the yard and common property, accepting some and dismissing others in a decision posted Tuesday.
Francine Fincham brought the complaint against Norma Jean and Lily Greer, claiming the Greers had been "parking cars on the road, leaving items and trash on the road and in their backyard, operating a business on the road, letting visitors enter the property, letting people sleep in cars parked on the road and the garden shed, threatening her and letting their dog roam unleashed," according to the tribunal decision.
The Greers told the tribunal none of these claims were true and that their use of the property was "reasonable" and did not breach any strata bylaws.
The CRT, weighing the evidence provided on a balance of probabilities, found neither party's claims were fully supported. Additional claims by Fincham that her cat was harmed, she was harassed and that a gazebo was constructed were deemed inadmissible.
OPERATING A BUSINESS
The first thing tribunal member Richard McAndrew addressed was the claim that the Greers operated a business out of a tent put up in front of the side-by-side duplex on common property.
Fincham said a relative of the Greers was operating a business that involved "car mechanic work, welding, metal grinding, painting" and buying and selling items, McAndrew wrote. In support of this, she submitted a "video that appears to show the tent structure brightly illuminated at night and emitting a loud grinding noise."
The Greers, claiming the activity did not constitute a business, did admit that a "relative buys and sells used items to earn income, which involves disassembling and reassembling items and metal grinding," the tribunal heard.
McAndrew found in favour of Fincham, saying the activity was loud, interfered with her electrical supply, and would have been "disturbing" and "disruptive" to a reasonable person.
The Greers were ordered to "immediately stop" this activity. They were, however, allowed to keep the tent.
LETTING VISITORS SLEEP IN PARKED CARS, SHED
Fincham provided the tribunal with a photo showing someone sleeping in a car on the road in front of the duplex, the tribunal heard. The Greers claimed this was a one-time occurrence, but McAndrew found it had "continued" even after the police were called on one occasion.
The tribunal found this to be "contrary to the road’s intended purpose for vehicle travel," and ordered the Greers to stop allowing it.
Regarding the shed, the tribunal found in favour of the Greers, who argued that they only allowed someone to sleep in the structure in their backyard garden once.
LATE NIGHT VISITORS
Another finding in the Greers' favour was the rejection of Fincham's claim that they regularly had visitors between 11 p.m. and 5 a.m., and that those visitors "engage in criminal activity, including drug trafficking and exchanging stolen property."
McAndrew said no evidence was brought to support that claim, calling it "speculative and unproven."
GARBAGE IN YARD, ON ROAD
When it came to Fincham's claims related to "excessive" garbage and "large amounts of trash," the tribunal's ruling was mixed.
While evidence was brought by Fincham showing "large amounts of tools, sports equipment, building supplies and miscellaneous objects crowded in the Greers’ backyard," McAndrew found that the mess had since been "significantly cleaned and decluttered."
Even though the yard remained "messy," the tribunal said, it was "not messy enough" that it interfered with FIncham's enjoyment of her lot.
The garbage on the road, the decision found, was another matter.
Fincham submitted pictures showing "large amounts of mechanical devices, supplies and trash stored on the road." In this case, McAndrew said the Greers' evidence of a clean-up was insufficient.
"They still store items and garbage there. I find that this is contrary to the road’s intended use for vehicle traffic," he wrote, ordering them to clear the space within 30 days.
THE DOG
The tribunal did not weigh in on Fincham's claim that the dog is dangerous, nor did it make a determination on the Greers' allegations that Fincham "enticed" the animal with treats.
The fact that the Greers' dog had been off-leash on common property was not disputed. Finding that to be a bylaw violation, McAndrew ordered the animal to be "leashed at all times."
Although McAndrew noted the duplex is a property "with no functioning strata council" that has never passed building-specific bylaws, he did find they are bound by the province's Schedule of Standard Bylaws as laid out in the Strata Property Act. Those bylaws, the tribunal ruled, must be enforced.
CTVNews.ca Top Stories
Multiple bridges in Calgary shut down for police incident
Calgary police have shut down a number of bridges into and out of the downtown core as officers deal with a distraught individual.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.
Why some Christians are angry about Trump's 'God Bless the USA' Bible
Former U.S. President Donald Trump is officially selling a copy of the Bible themed to Lee Greenwood’s famous song, 'God Bless the USA.' But the concept of a Bible covered in the American flag has raised concern among religious circles.
Quebec judge orders bus driver to stand trial for 2023 daycare crash deaths
A judge has ordered a Quebec man to stand trial on charges of first-degree murder in the deaths of two children killed when a bus rammed into a Montreal-area daycare last year.
Humboldt Broncos bus crash survivor qualifies Canada for Paralympics in rowing event
Former Humboldt Broncos goaltender and bus crash survivor Jacob Wassermann has qualified Canada for a rowing event for the 2024 Paralympic games in Paris.
George Washington family secrets revealed by DNA from unmarked 19th century graves
Genetic analysis has shed light on a long-standing mystery surrounding the fates of U.S. President George Washington's younger brother Samuel and his kin.
Krispy Kreme doughnuts coming to McDonald's in U.S., but not Canada
Canadians will be missing out on a sweet new partnership between McDonald's and Krispy Kreme, which will see doughnuts available at McDonald's locations across the U.S. by the end of 2026.
'We won't forget': How some Muslims view Poilievre's stance on Israel-Hamas war
A spokesman for a regional Muslim advocacy group says Conservative Leader Pierre Poilievre's stance on the Israel-Hamas war could complicate his party's relationship with Muslim Canadians.
Calgary officer charged after allegedly assaulting handcuffed man
A Calgary police officer has been charged after allegedly assaulting a handcuffed man two years ago.