Reynolds v. Deep Water Recovery Ltd.
Mary Reynolds
Law Firm / Organization
Gratl & Company
Lawyer(s)

Jason B. Gratl

Deep Water Recovery Ltd.
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Sean Gallagher

Mark Jurisich
Law Firm / Organization
Borden Ladner Gervais LLP (BLG)
Lawyer(s)

Sean Gallagher

John Doe #1
Law Firm / Organization
Unrepresented
John Doe #2
Law Firm / Organization
Unrepresented
John Doe #3
Law Firm / Organization
Unrepresented
John Doe #4
Law Firm / Organization
Unrepresented

Background:
Mary Reynolds, the plaintiff, filed a claim against Deep Water Recovery Ltd., Mark Jurisich, and several unnamed individuals (John Doe #1-4). The dispute involved allegations surrounding the defendants’ use of drones over Reynolds' property, which she claimed constituted trespass and nuisance. In response, the defendants counterclaimed, alleging their actions were lawful and in defense of their own property interests.

Legal Context:
The legal proceedings centered around the Protection of Public Participation Act (PPPA). Reynolds had part of the counterclaim dismissed under Section 4 of the PPPA and then sought damages under Section 8, claiming the defendants brought the counterclaim in bad faith to silence or intimidate her. The case was also influenced by concerns over SLAPP (strategic litigation against public participation).

Legal Arguments/Issues:

  • Plaintiff’s Argument: Reynolds argued that the counterclaim was an improper attempt to punish or intimidate her for pursuing her legal rights.
  • Defendant’s Argument: The defendants claimed the counterclaim was legitimate, aimed at protecting their property from drone-related infringements.

Court's Findings:
The court dismissed Reynolds' application for damages under Section 8, concluding there was no evidence the counterclaim was brought in bad faith or with improper motives. It found the counterclaim had a legitimate purpose, such as addressing property and privacy issues.

Costs/Awards:
No damages were awarded to Reynolds. The decision on costs under Section 7 of the PPPA was reserved for a future hearing.

Supreme Court of British Columbia
S224947
Tort law
Defendant