VANCOUVER Loud music and lively conversations have cost two B.C. condo owners upwards of $2,500 after they were sued by their downstairs neighbours over many nights of disrupted sleep. In a ruling posted online last week, the province s Civil Resolution Tribunal found Seyed Mohsen Hashemi Sefat and Hirad Abbaspour liable for unreasonable noise coming from their unit between 10 p.m. and 7 a.m. on 16 different nights from February through August 2020. Downstairs neighbours Yang Chu and Felix Tan said the racket coming from the home was sometimes so loud, they were forced to go sleep at a relative s place. While Sefat and Abbaspour denied causing a nuisance, the tribunal noted that their neighbours came equipped with thorough evidence that included several sound recordings, emails to the property manager written when the noise was observed, text messages with the respondents about the noise while it was happening, and statements from other strata residents.
With the decision, said the Trial Lawyers’ Association of B.C. (TLABC), the court has put a check on the government’s ability to create its own tribunal to decide claims against ICBC. And, the association said, the court has also affirmed the historic right of accident victims to pursue remedies for their injuries before the courts should they wish. Among the plaintiffs was Melissa Rondpre who objected to the online tribunal aspects. “To have a fair process you should get an impartial judge, that evidence should be given, and witnesses should be questioned,” she said. “Submitting information to a tribunal online just because it is quick is an unfair process.”
BC Supreme Court March 1 struck down sections of B.C.’s Civil Resolution Tribunal Act dealing with ICBC reforms as unconstitutional. Chief Justice Christopher Hinkson ruled it is unconstitutional. . .
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