B.C.'s Civil Resolution Tribunal has awarded a man $3,457 damages in a small claims action that involved neighbours “yelling, screaming, slamming doors, and exhibiting generally disruptive behaviour at all hours of the day and night.”
Tribunal member Kristin Gardner heard the complaint of Selim Mete, who lived directly below Fereshteh Ahani Masouleh, Farhad Sheykhzeynalabedini, and Farhoud Sheykhzeynalabedini.
In the June 19 decision, Mete said the two have created unreasonable noise and also that Farhoud spat at him during the height of the COVID-19 pandemic, causing him distress.
The Sheykhzeynalabedinis denied the allegations and claimed Mete verbally abused them, vandalized their property, and made false accusations about them to the police and their strata corporation.
They also said Mete assaulted Farhoud by throwing a garbage bin at him.
The Sheykhzeynalabedinis made a counterclaim of $5,000 for nuisance, mental and emotional distress, violation of privacy, and punitive and aggravated damages.
Mete provided Gardner with a log he created from his own notes and emails to the strata about disturbances between April 2018 and July 2020.
“He says he did not record every instance of noise because it occurred on a near daily basis,” Gardner said.
The log also noted occasions where the police were called to the Sheykhzeynalabedinis’ home by Mete, other neighbours, or one of the Sheykhzeynalabedinis themselves.
Mete also provided audio and video recordings of the noise heard in his home — noise officers could hear over the phone.
He also provided a statement from a neighbour who said she had heard “horrible screaming.”
Further, Mete provided a copy of a June 2020 petition addressed to the local RCMP detachment from “concerned residents.” The petition stated that the police had likely been at the Sheykhzeynalabedinis’ unit more than 80 times in three years, and that noise and disturbances occurred four to five times per week.
“I am satisfied that the yelling, screaming, and fighting heard on Mr. Mete’s audio and video recordings was the respondents,” Gardner said. “I find the respondents’ noise was objectively unreasonable and a substantial interference.”
In speaking to the nuisance counterclaim, Gardner called those allegations vague and unsupported by any evidence.
“I find it was the respondents causing a nuisance and that Mr. Mete rightfully called the police and reported the incidents to the strata to try and end the nuisance,” the tribunal ruled.
As far as the spitting incident went, Gardner found Farhoud had spat on Mete, although it was unclear where it landed.
“I accept Mr. Mete’s evidence that he was concerned about COVID-19 transmission given the ongoing pandemic at the time,” she said.
She dismissed the Sheykhzeynalabedinis’ claims as unproven.
