Background:
The parties became neighbors in 1997 and were amicable until 2004, when they agreed to share a well situated across their adjoining properties. Disputes about the well's use escalated over the years, with the Gokeys claiming sole ownership and alleging that the respondents invaded their privacy. The conflict intensified, with Edward Gokey reportedly burning waste near the property line, creating smoke that affected the respondents' enjoyment of their property. Prior legal actions had been resolved in Provincial Court, but tensions continued.

Legal Issues:
The Gokeys sought an injunction to prevent the respondents from entering their property and recording their activities. They also made claims for assault, invasion of privacy, nuisance, harassment, and trespass. The respondents counterclaimed for an injunction against the Gokeys, along with damages for nuisance, trespass, assault, and battery, and sought confirmation of their right to access the well based on a prior easement.

Trial Decision:
The trial judge found Edward Gokey’s conduct was deliberate and aimed at provoking the respondents. The court awarded the respondents a total of CAD $230,000, including:

• CAD $150,000 for nuisance
• CAD $2,500 for trespass
• CAD $2,500 for assault and battery
• CAD $50,000 for punitive damages
• CAD $25,000 for aggravated damages

An injunction was granted against the Gokeys.

Appeal Outcome:
The British Columbia Court of Appeal dismissed the appeal, affirming the trial judge’s findings and the damages awarded.

Costs:
Ordinary costs were awarded to the respondents, as the court declined to grant special costs despite the appellants' conduct.