Neighbours of gun club taking Province and Club to court
Neighbours of the Gabriola Rod, Gun and Conservation Club are taking the Province of BC and the Gabriola Rod, Gun and Conservation Club to court.
A civil suit has been filed seeking both an interim and permanent injunction against the discharging or firing of any firearms on any of the club property.
It also seeks an injunction against the carrying on of any event where the purpose is to discharge or fire any firearms (as defined in section 2 of the Criminal Code of Canada) on the Gun Club property or adjoining lands.
The plaintiffs claim against the defendants
• general damages
• aggravated, punitive and exemplary damages
• such further and other order as the court may deem just.
The plaintiffs are named as Centre Stage Holdings Ltd, David Young, Michiko Young, Gwendolyn Smeets, Tamara Hudgeon, Gordon Howard, Frederick Harris, Mary Anne McDonald, Simon Cossar, Andrew [Drew] Staniland, Roger Perry, Catherine Perry, Neil Rich and Lineke Rich.
Brennan Clarke, Public Affairs Officer for the Ministry of Forests, Lands and Natural Resource Operations said he could confirm the civil suit documents had been received, but was not able to comment further on matters currently before the courts.
Bruce Taylor, speaking on behalf of the Gabriola club, confirmed the same.
Within the suit, the plaintiffs allege the Province, as owner and lessor of the Gun Club property, has been aware of the noise emanations caused by the Club and has authorized the activities which have contributed to the noise nuisance affecting the neighbours.
The plaintiffs allege the noise made by the Club has created and permitted an ongoing nuisance which unreasonably and substantially interferes with and diminishes the reasonable use and enjoyment of the properties owned or resided on by the plaintiffs.
They further allege the Club and/or Province have refused to take reasonable or any steps to abate or prevent the nuisance by the noise from the property.
The suit states, “By reason of the nuisance, the Plaintiffs have suffered loss and damage including mental distress, fear and anxiety, annoyance, inconvenience, loss of reasonable use and enjoyment of their properties, loss of rental income, loss of property sales, reduction in property values, damage to their properties, and further loss and damage resulting from their properties being rendered unfit for peaceful and ordinary use.
“In particular, the noise nuisance caused by the Gun Club has reduced the value of the Centre Stage Lands [The Legends] and has had a detrimental effect on the ability of Centre Stage to market and sell the subdivided lots.”