Law 23
July 5–11, 2011 Business in Vancouver
Trouble Lawsuit of the week
Neighbours head to court over mirrors, denied access A duplex owner is suing neighbours on an adjoining property for allegedly diminishing the duplex property value by speaking belligerently to realtors, impeding access to the duplex property and installing roof mirrors that reflect directly into the duplex’s master bedroom. Duplex owner K M Developments Ltd. filed civil suit in BC Supreme Court May 11 against Peter Michael Vekens and Margaret Jane Vekens, who own the property at 901 Richmond Place, Port Coquitlam, directly behind the duplex lands at 3901 and 3903 Cedar Drive. According to the suit, tension between the property owners dates to last year’s construction of the duplex, during which Peter Vekens allegedly told K M Developments principal Kevin Kerrigan that he was extremely unhappy about the height of the duplex being constructed. Since then, the suit alleges that the defendants have installed “mirror-type devices” on the roof of their home, “such that when the sun is shinning [sic] it reflects directly into the master bedrooms of both duplexes located on the K M lands.” The suit further alleges that Vekens has advised Kerrigan “that he will take whatever steps he can to make the sale of the duplexes difficult for the plaintiff.” The plaintiffs claim that Vekens has been belligerent and confrontational to realtors and others viewing the property; impeded access to the gate at the rear of the property by placing a steel partition in front of the gate; zip-tied the lock at the gate at the rear of the property; and attempted to interfere with the potential sale of the lands. The plaintiff alleges that the lands’ value has been diminished as a result of the defendants’ actions and that unless the nuisance is abated, will continue to diminish in value. The plaintiff is seeking judgment equal to the loss in value of the K M Lands caused by the actions of the defendants; an injunction enjoining the defendants from placing mirrors and other reflective devises on the roof of their home; and general and punitive damages. In a response to the civil claim filed June 10, Peter Vekens and Margaret Vekens admitted to two mirrors installed on their roof for approximately one month for “aesthetic purposes” but denied that any reflection of sunlight struck any portion of the K M lands in “any material manner.” The response admitted to verbal contact with realtors but stated that that occurred “at the invitation of the realtors” and did not interfere with their work. It did not admit to impeding access to the gate at the rear but said that the defendant’s alleged actions in doing so were in furtherance of his rights to protect his property and the driveway access. It denied zip-tying the gate lock and said the defendants “have done nothing which in fact interferes with sale of the K M lands in any manner.” On June 10, Peter Vekens and Margaret Vekens launched a counterclaim against K M Developments alleging trespass and nuisance. The Vekens are seeking damages, an injunction prohibiting the plaintiffs and their agents from trespassing on the Vekens’ lands and driveway access, and a declaration that the Vekens and the Vekens’ lands are entitled to a right of way and easement between the lands and the roadway at Richmond Place, exclusive to the Vekens lands and the Vekens and to the exclusion of any right of way, easement, or other interest attached to the K M lands. None of these allegations has been proven in court.
services. Defendant: HRG Healthcare Resource Group Inc. aka Healthcare Resource Group Inc. 800–885 W. Georgia St., Vancouver Plaintiff: Altec-Gbogh Research Inc. 700–625 Howe St., Vancouver Claim: $86,458 for debt related to the manufacture of an LCD mounting arm system. Defendant: Norman Ronald Weisse 44–254 Hwy. 8, Merritt Plaintiff: CIT Financial
Ltd. 207 Queens Quay W., Toronto Claim: $85,380 for debt related to an equipment lease. Defendants: 818Channel Media Inc. and Claudia Man Ling Ng 6615–8181 Cambie Rd., Richmond and 7038 Vivian St., Vancouver Plaintiff: Business Development Bank of Canada 700–595 Burrard St., Vancouver Claim: $37,911 for debt arising from a loan agreement.
Defendants: Thanh Tuyen Bui and Ha Van Phan and Vu Hung Le and Jane Doe and John Doe 211 232 St., Langley Plaintiff: British Columbia Hydro and Power Authority 333 Dunsmuir St., Vancouver Claim: $37,869 for electricity diverted for a marijuana grow-op; and damages. Defendants: R.J. Fedorchuk Medical Inc. and Randy James Fedorchuk and Joan E. Fedorchuk 4th floor, 3201 30th Ave., Vernon and 113–5835 Hampton Pl., Vancouver Plaintiff: Royal Bank of Canada Box 5050, Station A, Mississauga, ON Claim: $37,835 for debt against R.J. Fedorchuk Medical Inc. and Randy Fedorchuk. A declaration that the security agreement is a security interest charging the collateral specified, against R.J. Fedorchuk Medical Inc. $30,705 against Joan Fedorchuk. Defendants: Beaumont Timber Co. Ltd. and John Herbert Halliburton 7836 Melford Rd., Vernon and 511 Ponderosa Cres., Salmo Plaintiff: Her Majesty the Queen in right of the Province of British Columbia 1301–865 Hornby St., Vancouver Claim: $33,537 for damage to a bridge after it was struck by a trailer. Defendants: Dan K. Lawrence and Shylah Rayne Dobbin and Joel St. Ange and Paul Johnson and Nigel Page and Jane Doe and John Doe 30211 Brackley Ave., Mission Plaintiff: British Columbia Hydro and Power Authority 333 Dunsmuir St., Vancouver Claim: $32,870 for diverted electricity used for a marijuana grow-op; and damages. Defendants: Godfrey Chan and Linda Ma and Jessica Chan and Yan Tan 38 W. 59th Ave., Vancouver and 9319 70 Ave., Grande Prairie, AB Plaintiff: Regent Park Fairchild Realty Inc. 281 E. Pender St., Vancouver Claim: $27,954 for debt for unauthorized cellular device costs against Godfrey Chan; and damages. A declaration that the defendants were unjustly enriched, arising from the unauthorized cellular device usage, against all defendants; an order; and damages. Defendant: James Dean Riehl and Lorraine Brown and Riehl Rock Landscaping Ltd. 2047 Majestic Cres., Abbotsford and 29665
Sangara Ave., Abbotsford and 305–2692 Clearbrook Rd., Abbotsford Plaintiff: General Bank of Canada 1600–925 W. Georgia St., Vancouver Claim: $27,726 for debt related to a vehicle purchase. Defendants: Valentin Farkas and Vera Farkas and V&V Refrigeration & Air Conditioning Ltd. 7820 Broadmoor Blvd., Richmond and 8121 Cedar Springs Rd., Whistler and 210–11791 Hammersmith Way, Richmond Plaintiff: M.M. Welding Inc. 418–933 Seymour St., Vancouver Claim: $6,750 for renovation work against V&V Valentin; and a declaration for a $7,000 builders lien against Valentin and Vera. Defendants: Enseicom Inc. and CBS Outdoor JCDecaux St. Furniture Canada Ltd. and City of Vancouver and South Coast British Columbia Transportation Authority dba TransLink 225 Rue Norman, Montreal and 800–885 W. Georgia St., Vancouver and 453 W. 12th Ave., Vancouver and 1600–4720 Kingsway St., Burnaby Plaintiff: Sonja Isch Address unavailable Claim: Damages for injuries sustained when a transit bench collapsed beneath the plaintiff. Defendants: S.O.F. Air Inc. and Ken Batten 1070 Kristen Dr., Medford, OR Plaintiff: Heliproducts Industries Ltd. 350–18799 Airport Way, Pitt Meadows Claim: Damages for breach of contract after a helicopter journey log was fraudulently changed during a lease agreement. Defendants: Dr. David G. MacKenzie and The Spinal Decompression Institute 101–1108 Austin Ave., Coquitlam Plaintiff: Daniel Calli 700–375 Water St., Vancouver Claim: Damages for treatment for low back difficulties, which made them worse and caused a neck injury; loss of earning capacity; and cost of health-care services. Defendants: John Doe’s 1-75 and Jane Doe’s 1-75 Addresses unavailable Plaintiff: Blenz the Canadian Coffee Co. Ltd. and Blenz Coffee Ltd. 490–1177 W. Hastings St., Vancouver Claim: Damages for loss of revenue, profit and opportunities related to damage that occurred during the June 15 th Stanley Cup riot. Defendant: Hyun Joo Uh 4154 Ontario St., Vancouver
Plaintiffs: Onni Victoria Hill Nine Development Limited Partnership and Onni Development (Victoria Hill Nine) Corp. 1700–1075 W. Georgia St., Vancouver Claim: Damages for breach of purchase and sale contracts for three units at the Carlyle at Victoria Hill in New Westminster. Defendants: Young Su Lee and Myung Sook Shin 545 Austin Ave., Coquitlam Plaintiffs: Onni Victoria Hill Nine Development Limited Partnership and Onni Development (Victoria Hill Nine) Corp. 1700–1075 W. Georgia St., Vancouver Claim: Damages for breach of purchase and sale contracts for a unit at the Carlyle at Victoria Hill in New Westminster. Defendants: Jessica Murphy and Sachit Shah and Beautiful Canadian Laser and Skincare Clinic Inc. and Syneron, Inc. and ABC No.1 Ltd. and ABC No. 2 Ltd. Address unavailable and 101–13805 104th Ave., Surrey and 201 Selby St., Nanaimo and 544–523 W. 6th St., Los Angeles addresses unavailable Plaintiff: Tanya Henton 601–815 Hornby St., Vancouver Claim: Damages for bungled treatment for cellulite that resulted in burns, discolouration and permanent scaring; the value of care provided by relatives and others; and health-care costs. Defendant: JJM Construction Ltd. 2300–550 Burrard St., Vancouver Plaintiff: Buckingham
Industries Ltd. 1100–925 W. Georgia St., Vancouver Claim: An injunction requiring JJM to remove all equipment, materials and supplies from the Buckingham Lots or any property of Buckingham, arising from JJM’s trespass on the lots as part of the South Fraser Perimeter Road project; orders; declarations that JJM has trespassed upon and damaged the property of Buckingham; and damages. Defendants: Lawrence Kau aka Larry E. Kau and Colleen Walker and Konstadin Michopoulos aka Konstandin Michopoulos N 2316, Mehring Rd., Jefferson, WI and address unavailable and 1406– 1250 Quayside Dr., New Westminster Plaintiff: Dorex Minerals Inc. 1300–1111 W. Georgia St., Vancouver Claim: Damages against Kau and Walker for breach of fiduciary duties and obligations. Damages against Michopoulos for wrongful conversion and unauthorized use of confidential Dorex business and records and interference with Dorex’s economic relations with the exchange and its shareholders; and an order. Defendants: Gateway Appraisal & Consulting Group Inc. and Beverly Pay and Warren Fletcher 700–5951 No.3 Rd., Richmond and 413–1000 Bowron Cres., North Vancouver Plaintiff: CMIC Mortgage Investment Corp. 300–1681 Chestnut St., Vancouver Claim: Damages for losses
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