This case involved a protracted neighbourhood dispute between two families, the Roberts (plaintiffs) and the Assis/Buitendyks (defendants), concerning issues such as tree removal, alleged trespasses, surveillance cameras, bright lights, loud music, and verbal altercations.
The plaintiffs sought damages for trespass, invasion of privacy, nuisance, and abuse of process related to a peace bond application.
The court found that the plaintiffs' claims for tree removal and most alleged trespasses were not substantiated or were petty.
Claims for invasion of privacy due to surveillance cameras were dismissed as police found no concerns and no credible audio surveillance evidence existed.
Nuisance claims regarding lights, music, and hockey pucks were dismissed due to lack of communication from plaintiffs and insufficient severity.
The abuse of process claim regarding the peace bond was also dismissed, as the defendants genuinely felt threatened and followed a legal process.
The court emphasized the immaturity of both parties and the failure to pursue mediation.
All plaintiffs' claims were dismissed.
