Construction is constant in Vancouver, but one resident had enough due to noise and accessibility issues caused by one company near his residence.
In a case against Edge Vancouver Construction Group, a Vancouver resident claimed that Edge created a construction-related nuisance, including impeding access and damaging his driveway.
Edge denied that their activities created a nuisance. They also claim that the allegations that they damaged the driveway only impacted the City of Vancouver’s portion, not the resident’s section of the driveway.
According to a publicly posted decision from the BC Civil Resolution Tribunal, the Vancouver resident claimed $2,182.19 in damages for nuisance and an additional $2,763.60 for repairing his driveway.
The decision also states that he hoped for additional orders against Edge that would force it to “stop certain actions related to its construction activities.” All the activities took place in the lane behind his residence.
Those orders included:
- Removing building materials/garbage from the lane
- Cease construction activity in the lane at any time
- Stop parking Edge or agent vehicles in the lane or resident parking only on the adjacent avenue
- Cease any noisemaking activities, move construction activity in the courtyard to reduce noise
- Cease playing music or radio
- Remove vehicles from the lane and cease use on public roads
Edge also impeded garbage collection at times, according to claims made by the resident.
The tribunal had to determine whether the resident was entitled to compensation for his damaged driveway and whether Edge’s activities constituted a nuisance.
The decision notes that the Vancouver resident had to deal with the construction for 20 months between late 2021 and July 2023. He alleged that Edge has “consistently obstructed access to the lane and to his garage.”
He alleged that Edge’s activities create excessive noise that would start as early as 7 am, not ending until 5 pm daily. He also claimed that he has been receiving verbal harassment from the workers when he has approached them to address his concerns.
In response to some of the claims, Edge said it had put notices about its activities in residents’ mailboxes. Still, it never informed the tribunal about the specific information those notices included.
The Vancouver resident provided photos of the lane and the various instances of obstruction of his lane.
“I infer that the access restrictions were intermittent during construction,” the tribunal said, adding that the Vancouver resident couldn’t prove that the interference was “substantial.”
It also said he didn’t have enough evidence to prove that the construction company was guilty of nuisance.
Turning to the portion of the driveway that was damaged, regardless of whether or not it was the City’s responsibility, the Vancouver resident was forced to pay for repairs. He provided evidence in the form of photos that the tribunal determined was sufficient to partially prove his claims. The photos weren’t enough to prove that Edge damaged the entire driveway, but there was enough evidence for a partial win, and he was awarded $1,000 in damages.
Ultimately, the Vancouver resident walked away with $1,087.50, and the remainder of his claims were dismissed.