Man who took jackhammer to neighbour’s retaining wall ordered to pay damages – Vancouver Sun

In her ruling on the case, provincial court Judge Catherine Crockett found there was no evidence to back up Pellegrins claims.

The judge found that the dumping of the dog feces occurred outside a legal time limit to award damages for such an action.

The Wheeldons asked Pellegrin to clean up the doggie mess and when he refused to do so, they contacted the city of Campbell River, which told them there was nothing to be done.

But a bylaw officer issued a ticket to Pellegrin for an unsightly yard.

A decision by the Wheeldons to build a fence led to further problems. Pellegrin ripped out the preparatory lines and stakes at least twice, prompting the Wheeldons to call police. No charges were laid.

Sherri Wheeldon testified that Pellegrin made a lewd gesture toward her in June 2014, the first of what she said was a series of lewd gestures and comments.

Pellegrin accused John Wheeldon of assaulting him by either throwing a rock at him or lifting it in a threatening manner, but the judge concluded no assault had been proven.

In December 2015, Pellegrin used the jackhammer to remove part of the wall, believing he was entitled to do so, but the judge disagreed with him and found his actions were motivated by malice.

In short, this was a vindictive, pointless, dangerous and unlawful act, said the judge. Mr. Pellegrins comments towards Mrs. Wheeldon during the jackhammering made clear his purpose: to get back at the Wheeldons for perceived slights against him by them. It had nothing to do with any negative effect on his property.

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Man who took jackhammer to neighbour's retaining wall ordered to pay damages - Vancouver Sun