Based on the information provided by OP, the only sensible option remaining is to issue a Statement of Claim suing the neighbour for harassment and financial damages
Harassment is not a legal cause of action (it's not an independent tort). Nuisance is, though: it is the frustration of the reasonable use of a person's property. This sure sounds a lot like nuisance. You don't need to look for legal damages, because those might be tough to prove - better option would be to sue for a prohibitory injunction preventing the offending behaviour, combined with costs. However, like all lawsuits, this is not free. What is free? As noted, if you can identify a by-law offense (city, not condo, condo by-laws are merely a set of instructions on how to run your condo corporation and have no real legal force), and can convince the people in charge of enforcing that by-law to do something, the cost is passed on to your municipality. Joy!
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Originally Posted by CaptainYooh
As I implied in my earlier post, a Statement of Claim is nothing but a legal threat telling the other party that you're serious about the dispute and do not wish to tolerate their behaviour any longer.
This is absolutely not the case. A statement of claim is a pleading that commences a lawsuit. As soon as it's filed and served on the defendant, you are suing them and they have to draft and file a statement of defense.
Best advice you gave was really to call that guy who does condo law, which is honestly a practice area I've never heard of but I assume it's code for "boutique real estate".
If police ever respond to a call that turns out to be completely unwarranted/unnecessary, they should be able to bill the complainant for their time. These pathetic busybodies are not only costing us tax dollars, they are tying up the police for potentially dangerous real emergencies.
I agree, there's got to be some bylaw or fine for wasting police time. 20 times is ridiculous, poor dude.
I feel his pain as I was in the exact same situation when I lived in an apartment. The old lady beside me would complain if she could tell I was home, I had to have my tv so quiet I couldn't hear what was happening. Even worse was on the other side of me was a middle eastern couple and the wife had the most shrill annoying voice and she'd yell at her husband atleast a few hours every day. On one side I couldn't make a peep and on the other side it was constant yelling. People suck. Cops showed up one time because I was playing my guitar and they came to my place and we had a long talk and they were trying to figure out a way to solve my crappy situation, I showed them the volume that I played at and they felt so bad they just sat there like damn.... what do we do. I swear the lady put a cup to the wall and listened to what I was doing
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This is absolutely not the case. A statement of claim is a pleading that commences a lawsuit. As soon as it's filed and served on the defendant, you are suing them and they have to draft and file a statement of defense...
Really? You didn't think I'd know that? Once the SoC is issued, the defendant has to respond, yes. The response could be in a form of a filed statement of defense or, in simpler cases, a written settlement reached by the two parties voluntarily with the SoC withdrawn. The settlement can be reached at any time prior to the court hearing too, of course.
On your other comment regarding condominium law: Condominium Property Act of Alberta and Real Estate Act of Alberta are not the same thing. While all lawyers practicing real estate law are familiar with both acts, more lawyers in Alberta are proficient in the latter. There are not many condo lawyers in Calgary that I would call experts in this field, definitely less than 10.
I didn't realize you were a lawyer. I thought it was a bit misleading to characterize a commencement document as just a legal threat putting the other party on notice - that's what a sternly worded letter is for (which, okay, maybe you attach an unfiled SoC to to underline how serious you are). This would be pretty obvious to anyone holding a statement of claim just from the big capitalized "YOU ARE BEING SUED. YOU ARE THE DEFENDANT."
As far as condo law, yes, there are different statutes, I've just never heard of someone referring to himself as a "Condo lawyer". Very niche area.
Isn't this the point where Troutman tells us to not discuss pending legal cases in a public forum?
and you hit the nail on the head.
I've had a chance to talk to Hugh and jaydorn is correct.
Thank you so much to everyone for your input. CP has always been great to me and this was no exception.
I'll update when I can.
thanks
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Well, you can put anything as your speciality, really. For example, one large firm in town has "Energy" lawyers - these are really the same as the "Corporate" group in any other firm, but they've changed their specialty for marketing purposes. Which isn't misleading - they practice corporate law primarily in the energy sector. Nothing wrong with that I just thought it was interesting and different - never heard of someone referring to themselves as a condo lawyer. Also totally off the point of the thread.
Its crazy that people do this stuff. Calling the police 20 times for nothing is harassment, plain and simple. The fact the cops tolerate that repetitive crap surprises me.
It sucks, but it's likely because of one scary scenario for police officers;
- Annoying busybody makes lots of complaints
- Police have enough, don't respond
- Stupid busybody makes bad decision, goes over because "police won't help him"
- Dude has enough, does something stupid
-Newspaper headline "Elderly neighbor with mental illness assaulted after call to police yields no response", or some other such headline.
A buddy of mine dealt with a very similar situation. He had a great tenant (single male) and the neighbours would call the cops on the tenant for the smallest thing - if he had the TV on, talking on the phone etc. it's a duplex with a shared wall so it's not completely sound proof. After a while the cops got tired of coming and they charged them with public mischief (or something like that) as every single call led to nothing.
There wasn't videotaping in his case but with yours I would think all the constant badgering could be harassment. And if it's not that, you'd think the constant false calls would warrant a charge or two
Our downstairs neighbours are being douchy like this... We've recently had the cops called on us for a 'gathering' in the tool shed. Apparently they listened in for 30 minutes, knocked and then laughed when they realized it was two guys drinking beer. We've also had a parking ticket for parking a work truck in the alley.
I don't think they thought it through though because now the work truck parks next to their car and our Jeep goes in the alley.... We try to squeeze them in as tight as possible.
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Originally Posted by Grimbl420
I can wash my penis without taking my pants off.
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Originally Posted by Moneyhands23
If edmonton wins the cup in the next decade I will buy everyone on CP a bottle of vodka.
We have been nothing but kind to them even giving them extensions on their portion of the utility bill. We have never blocked their parking spot or impeded access. In fact, we plowed the entire alley for our neighbours as they have a small car and couldn't make it into the alley when it snowed. (We have a 4x4 so it didn't matter to us).
However, they have complained to our landlord repeatedly for made up offenses. They refuse to allow us entry when our power/heat goes out, preferring instead to wait until a repair man comes regardless of how simple the issue. They keep their 3 year old up until 2AM daily even though he screams all night because he's tired. They have called the cops on us and have cost us time and money.
We're done with it. We are no longer being nice. If by being forced to park a very large work truck in our parking spot, it makes our neighbours spot tighter, that's too bad. He's the one who was petty enough to have us ticketed to inconvenience us. He clearly didn't understand the repercussions of his actions (commercial vehicles are not allowed to park on the street either so there's only one spot left for us to park,) and is now having to deal with the consequences.
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Originally Posted by Grimbl420
I can wash my penis without taking my pants off.
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Originally Posted by Moneyhands23
If edmonton wins the cup in the next decade I will buy everyone on CP a bottle of vodka.
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The Mutters complained their neighbour’s children were too noisy while playing. They complained their neighbour purposely aimed sprinklers to shoot water onto their lawn. They complained their neighbours stared at them, and parked centimetres too close to their driveway. They complained dog poop was being tossed into a portion of their shared backyard.
The Mutters complained about their next-door neighbours in Fort McMurray so many times, that the RCMP decided to file charges.
Against them, for complaining about their neighbours.
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Justice W.P. Sullivan demanded Glenn and Deanna Mutter, complainants in a civil case before the Court of Queen’s Bench, stop tormenting their neighbours.
“In fact, I find that Mr. & Mrs. Mutter are both bullies, that will go to whatever lengths to bully their neighbours,” the judge wrote in his decision. “They will use all the authorities that are available to them by law ... to pursue an unceasing campaign of harassment against their neighbours.”
In his ruling, the judge called the Mutters “self-righteous”, “entitled,” “passive aggressive,” “aggressive,” “disingenuous” and “prone to exaggeration.”
He ordered the couple to take down video cameras they had been using to spy on their neighbours, prohibited the Mutters from parking along the street in front of their house for two years, and ordered them to pay the defendants’ court costs, currently $35,000 and mounting.
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The complaints against them became so relentless that at one point the RCMP charged the Mutters with interfering with the lawful use and enjoyment of property, and a constable provided evidence in the civil case on their neighbours’ behalf. So did SPCA officers — as well as the house’s previous owner, and a tenant who also once lived beside the Mutters.
“For years, the Mutters have complained to officials from enforcement and bylaw, the Fort McMurray SPCA, and the RCMP,” the justice wrote. “They complained about their neighbours, they complained about their neighbours past and present. It is incessant. They complain about everything they can think about to complain about.”
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Calling the police 20 times for nothing is harassment, plain and simple. The fact the cops tolerate that repetitive crap surprises me.
Can you request a record of all these callouts, complaint received and subsequent action taken? Would go some way towards suggesting a trend towards nuisance behaviour.
Once the SoC is issued, the defendant has to respond, yes. The response could be in a form of a filed statement of defense or, in simpler cases, a written settlement reached by the two parties voluntarily with the SoC withdrawn. The settlement can be reached at any time prior to the court hearing too, of course.
