91Ƶ

Skip to content

B.C. neighbours sue each other after 91Ƶconsensual91Ƶ brawl over excessive noise

Both sides were left injured, judge rules all at fault
web1_231215-vne-neighbour-fight-noise_1
Noise was at the heart of a physical fight between B.C. neighbours. (Pexels photo)

A dispute over excessive noise turned into a brawl that left people black and blue 91Ƶ leading both sides to sue each other.

The B.C. Civil Resolution Tribunal heard two linked disputes between the two sides involved in what the ruling called a 91Ƶconsensual fight.91Ƶ

91ƵTracie Anne Lake and Michael William James, say they were attacked by the respondent and applicant by counterclaim, Paul Martin,91Ƶ reads the CRT ruling. They were claiming more than $10,000 in personal injury damages, said the ruling.

91ƵMr. Martin says that he was attacked by the applicants and fought back in self-defence,91Ƶ said the ruling, and he was claiming $5,000 in personal injury damages.

According to the CRT decision, Martin previously lived directly above Lake and James in the same building.

91ƵAll parties suffered injuries after a fight that took place on October 19, 2022,91Ƶ said the CRT decision. 91ƵThe parties disagree about what happened before and during the fight.91Ƶ

The CRT ruling said that Lake and James blamed 91Ƶexcessive noise91Ƶ from Martin91Ƶs residence for prompting them to ask him to be quieter.

91ƵThey say Mr. Martin was intoxicated and aggressive when he answered the door,91Ƶ according to the CRT ruling. 91ƵMr. James ran to Mr. Martin91Ƶs floor when he heard Mr. Martin shouting. They say they tried to take the elevator back to their residence, but Mr. Martin followed them and punched Mr. James 8-9 times. They say Ms. Lake tried to push Mr. Martin off Mr. James and Mr. Martin then punched Ms. Lake 3-4 times.91Ƶ

Hospital records show that James suffered a fractured nose and bruises to his face, said the CRT ruling.

91ƵMr. Martin gives a different version of events,91Ƶ said the CRT ruling. 91ƵHe says Ms. Lake knocked very loudly on his door and then swore and shouted at him about his children being too loud. He says he left his unit and closed the door behind him so his children would not hear the shouting.

91ƵHe says he tried to usher Ms. Lake down the hall toward the elevator, however Mr. James came from the elevator and shouted at him aggressively. He says Mr. James punched him in the head so he hit back in self-defence. He says Ms. Lake jumped on him so he put his arm up to push her away.91Ƶ

Martin suffered a black eye and he told the CRT that his young children experienced mental distress. The CRT ruling said that Martin ended up moving out after the incident.

No criminal charges were filed in the case, said the CRT ruling.

The CRT ended up dismissing the claims of both parties. saying the fight was 91Ƶconsensual91Ƶ and neither party is entitled to damages.

91ƵOn balance, I find that all of the parties participated in the fight. I find it most likely that the parties had a heated argument about noise from Mr. Martin91Ƶs residence. I find that all parties engaged in this confrontation which escalated to a physical fight where both Mr. James and Mr. Martin threw punches and Ms. Lake pushed Mr. Martin. I place significant weight on the report by the police officer who attended the scene. I agree with the police officer91Ƶs assessment that all of the parties suffered similar injuries which indicates that this was a mutual or consensual fight.

READ MORE:



Chris Campbell

About the Author: Chris Campbell

I joined the Victoria News hub as an editor in 2023, bringing with me over 30 years of experience from community newspapers in Metro Vancouver and the Fraser Valley
Read more



(or

91Ƶ

) document.head.appendChild(flippScript); window.flippxp = window.flippxp || {run: []}; window.flippxp.run.push(function() { window.flippxp.registerSlot("#flipp-ux-slot-ssdaw212", "Black Press Media Standard", 1281409, [312035]); }); }