"Spitting incident" forces townhouse neighbours against each other in court

Two households in a townhouse complex got into a heated relationship that made its way to a BC Civil Resolution Tribunal, and a spitting incident during the height of COVID-19 highlights some of the wild details.

Selim Mete initiated a smalls claim case in BC against three people in a neighbouring household directly above him. Mete claimed that the neighbours created unreasonable noise by frequently yelling, screaming, slamming doors, and disruptive behaviour at all hours of the day and night.

Mete also alleged that one of the neighbours spit on him during the height of COVID-19.

The respondents, Fereshteh Ahani Masouleh, Farhad Sheykhzeynalabedini, and Farhoud Sheykhzeynalabedini, claimed that they were the ones that were verbally abused, filing a counterclaim against Mete.

Mete originally sought $4,957.97, which includes $3,150 in general damages and $307.97 for wage loss related to the alleged nuisance, and $1,500 in damages for the spitting incident.

In the counterclaim, the respondents suggested they were entitled to $5,000 for nuisance, mental and emotional distress, violation of privacy, and punitive and aggravated damages. Mete denied all of these claims.

In a nuisance case, the tribunal states, “Nuisance occurs when a person substantially and unreasonably interferes with another person’s quiet use and enjoyment of their land or property. A substantial interference is one that is ‘more than mere inconvenience or minor discomfort.’ It must be something that ‘would not be tolerated’ by an ordinary person.”

After Mete moved in, he discovered that the respondents regularly yelled and screamed at each other, fought, slammed doors, and disrupted the use of his unit.

One of the earlier encounters involved Farhoud walking close to Mete’s property. He asked them why, but Farhoud responded angrily. Mete was recording a video at this time, pointed to the ground, which is also when the spitting incident occurred, which could be heard in the video.

The tribunal record states, “Mete immediately turns around and starts yelling that Farhoud spit on him, which Farhoud denies.”

Mete submitted other evidence in the form of a log he created from notes and emails to the strata about disturbances between April 2018 and July 2020. The record indicated a series of screaming, yelling and fighting incidents that occurred monthly, usually between 10 pm and 2 am, sometimes for hours.

Thankfully for Mete, he had proof in the form of audio and video recordings.

In one case, while Mete was on the phone with the police, the person on the other end asked, “Is that them?” Suggesting they could hear them through the phone. The respondents suggested the noise was from another source, like a TV. They also suggested Mete altered the recordings.

Thanks to all the evidence Mete provided, the tribunal sided with him, awarding him a total of $3,992.31, including:

• $3,457.97 in damages for nuisance,
• $250.84 in pre-judgment interest under the COIA, and
• $283.50 for $125 in CRT fees and $158.50 for dispute-related expenses.

The tribunal also ordered Farhoud to pay Mete $1,000 for assault.