Ongoing dispute between Osoyoos neighbours lands back in court
A long-running neighbourly dispute that has led to criminal convictions and a restraining order was back in front of the BC Civil Resolution Tribunal with the victims asking for financial compensation after their next-door neighbour tried to run them over.
This is the third time Osoyoos residents Michael and Irina Bahmutsky have taken their neighbour Morgan Griffiths to the online small claims court, this time after Griffiths drove his car over their electric tricycle and tried to hit Michael with his vehicle.
According to a July 24 BC Civil Resolution Tribunal decision, the Bahmutskys have lived next to Griffiths and his mother for six years in a strata complex and the neighbours have an acrimonious relationship.
In 2022, Griffiths was ordered to pay his neighbours $1,500 after he used racial slurs and assaulted Michael. He was criminally convicted for the assault and given a probation order.
The Bahmutskys have taken legal action against Griffiths and their Strata several times, asking for a variety of remedies from banning Griffiths from living at the townhouse complex to revoking his driving licence. They've largely been unsuccessful.
They did however get a court-ordered restraining order barring Griffiths from communicating or going near his property.
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The recent Tribunal decision stems from an incident in March, where Griffiths drove his car out of his carport and into the Bahmutsky's carport hitting the couple's electric trike.
The decision said the Bahmutsky's reported it to the RCMP who decided there wasn't enough evidence to lay criminal charges.
However, the Tribunal ruled that video footage of much of the incident provided "strong circumstantial evidence" which while that may not be good enough for a criminal court showed "more likely than not" that Griffiths damaged the Trike.
The court ordered Griffiths to pay $700 for the repairs.
The couple also sued over an incident in April where Griffiths drove into their carport and the Bahmutskys say deliberately tried to hit them.
Michael scratched his leg while getting out of the way.
Griffiths argued he accidentally drove into the carport and when he realized his mistake, he reversed out.
The Tribunal didn't buy it.
"I find a driver can also easily see if someone is in a carport before pulling in... So, I find Mr. Griffiths likely saw the Bahmutskys in the carport and then drove his vehicle into the carport," the Tribunal ruled.
That incident led to two criminal charges and on July 3 at the Penticton courthouse Griffiths pleaded guilty to assault with a weapon and was placed on 12 months probation.
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The Bahmutsky's wanted $2,000 for the emotional harm caused by the car incident, but the Tribunal refused.
"A mental injury is not proven by simply being upset. The Bahmutskys must show they suffered a serious and prolonged issue that rises above the ordinary annoyances, anxieties and fears that come with living in civil society," the Tribunal ruled.
Ultimately, the Tribunal ordered Griffiths to pay $714 to repair the trike and fees.
The decision came just days after the Tribunal ruled on a separate case that the Bahmutsky's launched against a different neighbour.
The couple had claimed $500 emotional damage after neighbour Lacey Petkau allegedly mooned at them through her window.
"(Irina) says Lacey Petkau exposed their buttocks when in full view of Mrs. Bahmutsky’s kitchen window with the intent of upsetting Mrs. Bahmutsky and her spouse," the decision read.
However, while video evidence was presented the Tribunal ruled the footage wasn't clear enough and it could identify the individual or "confirm exposure of any body part."
The Tribunal dismissed that claim.
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