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A Surrey man who painted badminton court lines on the cul-de-sac where he lived during lockdown has been ordered to pay $800 to have them removed by the City.

According to an April 24 B.C. Civil Resolution Tribunal decision, Lian Gong Tu painted the badminton court onto his road during the COVID-19 lockdown when all sports facilities were closed.

Tu said his neighbours had originally chalked a pickleball court on the road before then painting on lines during lockdown.

The neighbours agreed to share the space with Tu and he added more painted lines to make a badminton court.

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In the decision, TU says he painted the lines to give his children some outdoor activities because everything was closed for lockdown.

However, the City of Surrey wasn't impressed and removed the painted lines and then took Tu to court over the $1,600 removal cost.

In the decision, TU doesn't deny painting the lines but argues he shouldn't have to foot the entire $1,600 bill because he didn't paint the pickleball court.

Tu presented the Tribunal with a signed statement from the people who painted the pickleball court on the road.

However, for reasons unknown, the City of Surrey didn't take the pickleball court painters to court over the removal cost.

The City of Surrey accuses Tu of "negligence, nuisance, and trespass."

However, the Tribunal disagreed with some of their points.

"I do not see how Mr. Tu painting the road could be grounded in negligence, as it was undisputedly a deliberate and intentional act," the Tribunal ruled.

The Tribunal also found Tu's actions did not constitute a nuisance.

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The Tribunal did however find Tu had committed trespass.

"It is clear that Mr. Tu applying paint to Surrey’s road without any right to do so is a direct interference with Surrey’s property that amounts to trespass," the Tribunal ruled. "Although Mr. Tu says his reason for painting the badminton court lines on Surrey’s road was to provide outdoor recreation opportunities for children when indoor facilities were closed during COVID-19, he is still liable in trespass for painting Surrey’s road without its consent."

The City of Surrey argued for $1,623 to cover the cost of removing both courts.

However, the Tribunal ruled that Tu had only painted the badminton court and not the pickleball so therefore the City of Surrey was only due half the bill.

Ultimately, the Tribunal ruled Tu to pay Surrey $811 plus $62 in costs.

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There is no mention in the decision as to why the City could not have just left the pickleball and badminton court lines painted on the road for the residents to enjoy.

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