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A BC strata owner has been awarded $4,000 after he successfully sued his neighbours whose consistent yelling, screaming and fighting could be heard in his townhouse.

According to a June 19 BC Civil Resolution Tribunal decision, the conflict between the neighbours got so bad that townhouse owner Selim Mete was once spat upon and retaliated by throwing a recycling bin.

The decision said Mete moved into the undisclosed strata property in 2018 where Fereshteh Ahani Masouleh and Farhad Sheykhzeynalabedini lived with their adult son Farhoud Sheykhzeynalabedini in the townhouse complex.

"Shortly after he moved in, he discovered that the (family) regularly yelled and screamed at each other, fought, slammed doors and generally disrupted his quiet use and enjoyment... often late at night," the decision read.

Mete then began keeping a log of the events as the noise occurred in a nearby daily basis. The "yelling, fighting, and screaming incidents" generally occurred between 10 p.m. and 2 a.m. and happened about once a month.

Police were called to the townhouse on multiple occasions, and some of visits were recorded by Mete and presented as evidence.

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"The officer is seen telling Farhad that 'everything going on in your unit, he’s hearing in his unit,' 'this goes on every day here, every day,' 'you can’t live like this,' 'they can’t live like this either,' and that 'it’s not fair to them,'" the decision said.

One neighbour told the Tribunal she heard "horrible screaming" coming from the family's home.

A petition signed by 11 residents was presented to the RCMP asking for help dealing with the family. The decision said the police were called 80 times in three years, and that noise and disturbances happened about four to five times a week.

The family counter sued arguing Mete's was "unrelenting" in his intimidation, and had made offensive comments and threats towards them.

However, the Tribunal dismissed their argument as "vague" and unsupported by any evidence.

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Both parties also accused each other of assault.

A video presented to the Tribunal showed a heated argument between Mete and his adult son Farhoud.

"I find Mr. Mete’s demeanour was calm, though persistent in demanding an explanation for Farhoud’s presence (near his front door). I find that Farhoud responded very aggressively, by swearing and yelling at Mr. Mete to leave him alone before Farhoud goes inside and immediately onto the respondents’ balcony," the decision read.

Farhoud then spits at Mete from the balcony.

"Mr. Mete then picks up an empty recycling bin, and Farhoud encourages Mr. Mete several times to throw the bin, which he does," the Tribunal said.

Farhoud claimed the bin hit him but the Tribunal disagreed saying it likely bounced off the balcony rails.

"Further, as Farhoud urged Mr. Mete to throw the bin at him, I find Farhoud did not consider Mr. Mete’s actions a threat of imminent harm. For these reasons, I dismiss Farhoud’s claim as it relates to assault and battery," the Tribunal ruled.

The Tribunal ruled the family pay $1,000 for the spitting incident.

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The family claims Mete has defamed them and abused his position as a strata council member to issue improper bylaw fines against them. They also said Mete has breached their privacy by recording them and intentionally inflicted mental suffering, along with assault, and battery.

The Tribunal dismissed all their arguments.

Ultimately, the Tribunal ordered the family to pay Mete $3,992, including $3,150 for nuisance damages, $1,000 for spitting at him, $307 in lost wages when he didn't go to work because he hadn't slept the night before because of the noise, plus interest and fees.

While the legal challenge leaves the family on the hook for nearly $4,000 there is no indication in the decision the noise, disturbance or the conflict has been resolved.

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