Taking dog feces and a jackhammer to neighbourhood dispute costs B.C. man $16,000

Taking dog feces and a jackhammer to neighbourhood dispute costs B.C. man $16,000

‘Pellegrin’s actions were motivated by malice …a vindictive, pointless, dangerous and unlawful act’

A dispute between two neighbours in Campbell River in which one intended to “upset, offend and cause stress,” 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 Pellegrin’s. 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.

RELATED: $2.9 million judgment in B.C. blueberry farm sabotage lawsuit

RELATED: Student files class action lawsuit against University of Victoria over parking fees

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 Wheeldons’ 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.

“Mr. Pellegrin submits that spraypainting the word ‘Remove’ on the wall in May and June of 2015 was a form of warning, as was his letter of June 9, 2014,” 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: “Hope you and yours have a merry merry Xmas …. This is what happens when you don’t get along with your neighbours …. Call the cops about every little thing. Call bylaws and animal control about every little thing. Here’s what happens.”

She said Pellegrin created a dangerous situation with concrete falling to the ground, jackhammering at the level of people’s faces and causing the fence to fall.

“The evidence also establishes, quite clearly, that Mr. Pellegrin’s actions were motivated by malice … in short, this was a vindictive, pointless, dangerous and unlawful act.”

Crockett added while the law does permit a person to remove a trespass or nuisance in certain circumstances, “this is not the case.”

There was no urgency to the situation. The wall caused him no harm. In fact, as he testified, the wall benefited him, she wrote. “His jackhammering of the wall was anything but a proportionate response to the trespass. There was nothing approaching ‘exceptional circumstances’ to justify his action.”

Due to trespassing, Crockett awarded $2 in favour of Pellegrin against the Wheeldons: $1 for walking onto Pellegrin’s 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 click here.



photos@comoxvalleyrecord.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

RCMP are looking for “an unknown man who wrapped his arms around” a female youth in Clayton Feb. 26. (Black Press file photo)
Youth assaulted by unknown man in Cloverdale

Mounties looking for ‘tall and thin’ Caucasian man in his 40’s with short dark brown hair

Framed photos of Travis Selje and other items fill the top of a dresser in his bedroom. (Photo: Tom Zillich)
Crown says defence case epilepsy caused fatal Surrey crash fails on balance of probabilities

‘She very clearly had some form of control over that vehicle,’ Crown argues

St. John Ambulance is looking for financial support in its bid to install 1,000 publicly accessible AED devices throughout British Columbia. The stands which hold the defibrillator also contain naloxone and first aid kits. Cost to equip and install each stand is around $8,000. (stock photo)
St. John Ambulance aims to install 1,000 publicly accessible AEDs across B.C.

First of two defibrillators planned for Crescent Beach already in place

Alex Browne photo The felling of two mature Douglas Fir ‘eagle trees’ on Oxford Street, just south of Prospect Avenue, in June of 2019, prompted a review of tree management bylaws and policies now before White Rock council. The trees were felled on instructions from City of White Rock staff, who said the work was necessary because they had become hazardous. (File photo)
City of White Rock mulls ‘tree protection’ bylaw

More stringent measures needed to protect canopy – councillor

teeaser
Surrey TEDx talks move online with ‘fast-paced’ event that’s free to watch March 27

Last year’s TEDxBearCreekPark attracted 900 spectators to Bell theatre

Pig races at the 145th annual Chilliwack Fair on Aug. 12, 2017. Monday, March 1, 2021 is Pig Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Feb. 28 to March 6

Pig Day, Canadian Bacon Day and Grammar Day are all coming up this week

Staff from the Marine Mammal Rescue Centre, passersby, RCMP and Nanaimo Fire Rescue carried a sick 300-kilogram steller sea lion up the steep bluff at Invermere Beach in north Nanaimo in an attempt to save the animal’s life Thursday. (Photo courtesy Marine Mammal Rescue Centre)
300-kilogram sea lion muscled up from B.C. beach in rescue attempt

Animal dies despite efforts of Nanaimo marine mammal rescue team, emergency personnel and bystanders

Kara Sorensen, diagnosed with lung cancer in July, says it’s important for people to view her as healthy and vibrant, rather than sick. (Photo courtesy of Karen Sorensen)
B.C. woman must seek treatment overseas for inoperable lung cancer

Fundraising page launched on Karen Sorensen’s behalf, with a goal of $250,000

Gina Adams as she works on her latest piece titled ‘Undying Love’. (Submitted photo)
‘Toothless’ the kitty inspires B.C. wood carver to break out the chainsaw

Inspired by plight of a toothless cat, Gina Adams offers proceeds from her artwork to help animals

B.C. Finance Minister Selina Robinson presents bill to delay B.C.’s budget as late as April 30, and allow further spending before that, B.C. legislature, Dec. 8, 2020. (Hansard TV)
How big is B.C.’s COVID-19 deficit? We’ll find out April 20

More borrowing expected as pandemic enters second year

Passengers aboard Komagata Maru in Vancouver’s Burrard Inlet, 1914 - Library and Archives Canada image
Abbotsford council is asked to rename street in memory of Komagata Maru victims

Most of 376 the passengers aboard ship were denied entry into Canada in 1914

The first of 11 Dash 8 Q400 aircraft's have arrived in Abbotsford. Conair Group Inc. will soon transform them into firefighting airtankers. (Submitted)
Abbotsford’s Conair begins airtanker transformation

Aerial firefighting company creating Q400AT airtanker in advance of local forest fire season

The Canada Revenue Agency says there were 32 tax fraud convictions across the country between April 2019 and March 2020. (Pixabay)
Vancouver man sentenced to 29 months, fined $645K for tax evasion, forgery

Michael Sholz reportedly forged documents to support ineligible tax credits linked to homeownership

Then-Liberal leader Andrew Wilkinson looks on as MLA Shirley Bond answers questions during a press conference at Legislature in Victoria. (Chad Hipolito / THE CANADIAN PRESS)
B.C. Liberal party to choose next leader in February 2022

Candidates have until Nov. 30 to declare whether they are running

Most Read