A B.C. man has missed his shot at stopping kids from playing basketball in his neighbourhood.
B.C.’s Civil Resolution Tribunal said the absence of basketball-caused damage meant the case could be dismissed.
Gilbert Stephen Milne and Ryan Vernon McGregor own homes in the same neighbourhood, B.C. Civil Resolution Tribunal member Peter Mennie said in . The decision didn't disclose the location of the neighbourhood.
McGregor set up a basketball net on his property in his backyard, but Milne — who lives across the street — told Mennie it is not allowed under the building scheme registered on McGregor’s property.
Milne asked for an order that McGregor remove the basketball net, and asked for monetary damages.
“Mr. Milne says that neighbourhood children playing basketball are noisy and basketballs have caused damage to his property,” Mennie said. “Mr. Milne says that basketballs have caused damage to a flowerpot, hummingbird feeders and his fence. He also says that the children playing basketball are loud.”
McGregor said that his basketball net is permitted under the building scheme.
Hummingbird feeders
Milne wanted an order that McGregor remove the basketball net. Minnie, however, said such an order is not in the tribunal’s jurisdiction.
Milne also asked for $100 to $1,000 in damages, a request Mennie inferred had to do with the flowerpot, hummingbird feeders and fence.
Mennie said Milne provided photos of a flowerpot, but showed no damage caused by basketballs.
“He has not provided any photos of a basketball in his yard or receipts for replacement items that were allegedly destroyed,” Mennie said.
“I also find that Mr. Milne has not proven that the noise associated with the basketball net goes beyond an ordinary level expected in a residential neighbourhood. It follows that I dismiss Mr. Milne’s claim for damages.”
