Plaintiff
Defendant
Background:
The case involved Nathan William Flavel and Randy Thomas Leslie (Plaintiffs) against Daniel Henri Joseph Comeau and Ayu Putri Comeau (Defendants). The dispute arose over a retaining wall that the Defendants built on land covered by an easement in favor of the Plaintiffs. The wall exceeded the agreed dimensions, violating a settlement agreement between the parties.
Legal Arguments/Issues:
The Defendants admitted to constructing the wall wider and longer than allowed under the settlement agreement. Despite the Plaintiffs' demand to cease further work, the Defendants completed the wall. The Defendants filed an amended counterclaim seeking damages, punitive damages, and special costs. However, the court found this inconsistent with a previous order, which only permitted claims under Section 35 of the Property Law Act (PLA). The court emphasized that pleadings must be clear and grounded in viable causes of action. The Defendants were allowed to amend their counterclaim again but only within the scope previously granted by the court.
Costs:
The court awarded ordinary costs to the Plaintiffs, as they were substantially successful in the application. The Plaintiffs' request for special costs was denied because the Defendants' conduct, while flawed, did not meet the threshold for reprehensible behavior.
Outcome:
The Defendants were granted 45 days to file a revised counterclaim. The Plaintiffs were awarded ordinary costs, while special costs were denied.
Court
Supreme Court of British ColumbiaCase Number
S131255Practice Area
Real estateAmount
Winner
DefendantTrial Start Date
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