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

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
253 new COVID-19 cases, 4 more deaths in Interior Health over the weekend

More than 1,000 cases in the region remain active

Earth worms are decomposers. (Photo via Pixabay)
Stoke on Science-The A-Z: D is for decomposers

Jade Harvey-Berrill Stoke on Science Below our feet, currently buried beneath the… Continue reading

Alistair Taylor has lived in Revelstoke since 2003. He is running to be a city councillor in the upcoming byelection. (Jocelyn Doll/Revelstoke Review)
Alistair Taylor running for vacant council seat

Byelection coming up in Revelstoke in February

Matt Cherry is running to be a Revelstoke City Councillor in the upcoming byelection. (Submited/Matt Stepchuck)
Matt Cherry running in Revelstoke’s byelection

Advance polls are coming up Feb. 3 and 10, with election day on Feb. 13

A juvenile sturgeon in a B.C. rearing facility. The wild population in the Upper Columbia is estimated at 1,100 individuals, enhanced with roughly 5,500 hatchery fish. (file photo)
B.C.’s Upper Columbia sturgeon endure long battle with local extinction

Decades of monitoring and intervention is ongoing to save the prehistoric fish

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

Interior Health confirms vaccination of priority populations has begun in Salmon Arm. THE CANADIAN PRESS/Nathan Denette
COVID-19 vaccinations underway in Salmon Arm

Interior Health confirms vaccination of priority populations has begun

This is the location, 3240 Skaha Lake Road, of where BC Housing plans to build a four storey supportive housing project for the homeless and at risk of being homeless. (Jesse Day Western News)
Penticton mayor and MLA concerned about new BC Housing project

‘Penticton already has its fair share’ of BC Housing projects

Interior Health declared the COVID-19 outbreak at McKinney Place long term care home over Monday, Jan. 18, 2020. (File photo)
COVID-19 outbreak at McKinney Place care home declared over

‘This has been one of our most challenging outbreaks so far,’ says chief medical health officer

Penticton Bylaw officer Glenn Smith, as well as resident Zak Laycock (not pictured), received the Governor General Award from the Royal Canadian Humane Association to recognize their heroism in a summer 2019 incident. (Contributed)
Bylaw officer and Penticton resident given awards for intervening in sexual assault

Bylaw officer Glenn Smith said he was simply in the right place at the right time

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Sunnybank
COVID-19 related deaths at Oliver, West Kelowna and Vernon senior care homes

Sunnybank, Heritage Retirement Residence and Noric House recorded deaths over the weekend

Hillview Elementary students Emma Li and Mina Nadeau were awarded by the Premier’s office for winning the annual holiday card contest. (Karen Rogers photo)
North Okanagan students’ art featured on Premier’s cards

Hillview youth chosen for annual holiday card contest

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

Most Read