We’ve all had neighbours we didn’t like, but two people from Sault Ste. Marie have been awarded more than half a million dollars for the “extreme” behaviour of the people who lived next to them.
Between May 2019 and July 2023, police were called at least 119 times because of problems at the Pentagon Boulevard residence.
According to the court decision in the case, after years of trying to address the outrageous behaviour, the couple finally sued the neighbour in 2022 for, among other things, “damages for multiple private nuisances, trespasses, mental distress, out-of-pocket expenses and punitive damages.”
“The plaintiffs further seek mandatory and prohibitory permanent injunctive relief and their full costs of this action,” the court documents said.
The problematic behaviour included allowing “guests” – including squatters – and animals to make noise all night and day. The guests and animals – including dangerous dogs – routinely trespassed onto the couple’s property, again at hours of the day and night.
The guests also engaged in “criminal activity,” including — but not limited to – “fighting, domestic violence, possession of stolen property, assaults, batteries, the sale and use of narcotics and the discharge of firearms.”
On one occasion, gunshots hit the couple’s property.
The neighbour also allowed the property to be used to store garbage, other waste, old furniture, bikes and various debris.
At times, more than 20 people were living in the residence, “most of whom have no connection or relationship to the defendant other than temporary room and board,” the court decision said.
The neighbour also failed “to prevent rats, canine fecal matter and debris from escaping from the defendant property and entering upon the plaintiff property.”
“The plaintiffs describe the conduct of the defendant and the defendant’s guests as persistent, uninterrupted and ongoing now for a period of at least five years,” the decision said.
Immeasurable turmoil, distress
“As a result, the plaintiffs and the surrounding community have suffered an immeasurable amount of turmoil, distress and loss of the use and enjoyment of their respective properties.”
The couple sued on the grounds of the tort of private nuisance, seeking $250,000 each, for a total of $500,000. They also sought $25,000 each for the persistent trespassing and punitive damages of $150,000.
The judge in the case ruled there was plenty of evidence to establish that the behaviour of the defendant had a huge impact on the couple’s ability to enjoy their property.
That included — but was not limited to — “their inability to use their back and front yard, having to relocate their bedroom to a safer location within their home, their inability to utilize their windows because of the smell and noise, their inability to host friends or family, and the amount of rats, animal feces, garbage and debris, that ends up all over their property,” the judge wrote.
“I am satisfied that the plaintiffs, following an incident where bullets struck their property, have been experiencing perpetual fear and anxiety as a result of the defendant and/or defendant’s guests’ conduct. There was more than ample evidence on the record before me, including evidence of the plaintiffs, neighbours and police.”
The couple had to endure the regular sound of police sirens next door, the shouting and arguing of the neighbour’s “guests” at all hours of the night, constant dog barking, their neighbour’s alarm system repeatedly going off, arguments about the details of drug deals, engines revving late at night, gunshots, loud music and late-night partying.
Odours from the property came from the garbage, piles of dog poop and drugs being smoked – including narcotics.
The guests frequently trespassed on their property – sometimes police, guns drawn and pursuing a “guest” had to cross their property, as well.
Dangerous dogs were sometimes found on the front steps because they were allowed to roam. And their home was struck with bullets from a sawed-off .22 calibre rifle.
Bullets hit their property
“The bullets exited the side of the defendant’s garage in two locations and struck the chimney of the home on the plaintiff property,” the court said.
“This was confirmed by the police witnesses who testified and records filed.”
The neighbours said they couldn’t use the outside of their property because of the chaos – they couldn’t even open their windows because of the noise and the smells.
They also couldn’t have friends or family visit and routinely had to clean garbage and feces that came from the neighbour’s place.
Eventually, they had to move out of their bedroom and after the gunshot incident, they moved into their basement.
“The plaintiffs consistently experience a considerable amount of stress and anxiety,” the court said.
“They do not feel a sense of safety, peace, or enjoyment in or around their own home as a direct result of the constant nature of the interferences arising from the defendant property.”
In the end, the judge ordered the defendant to pay the couple $210,000 each – a total of $420,000 — for the “nuisance, trespass and mental distress” he caused. She also awarded $100,000 in punitive damages and $50,000 in court costs.
The neighbour will have to build a fence and clean the property. The Sheriff in the Sault has been directed to enforce the orders and can arrest anyone who is contravening it.
“If the provisions of this order are insufficient to bring the defendant into compliance with the spirit and intent of this order, the plaintiffs are hereby granted leave to seek further directions of the court by way of motion served upon the defendant,” the judge concluded.