A tarp is generally used to prevent leaks or to protect goods from the weather, but in a BC tribunal hearing, a tarp caused a big fight between neighbours.
In a decision posted publicly, Patricia Sound claimed $500 in damages, alleging that Jason MacLeod cut her tarp because he thought it was an eyesore.
The $500 included wood and hardware she used to secure the tarp, including installation costs.
In response, MacLeod said that Sound exaggerated the costs, adding that he had to spend his own money to hide the tarp from his view with a fence and trees.
Here’s what the tribunal determined.
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The BC Civil Resolution Tribunal decision stated that the facts in this case were relatively straightforward and largely undisputed between the two neighbours.
In August 2022, Sound wanted to keep some belongings in her yard dry. For that, she installed a tarp on the side of her fence, which faced MacLeod’s backyard. Sound told the tribunal MacLeod permitted her to access the fence through his yard. However, he said the details weren’t clear when he consented, coming home to a “six by eight-foot eyesore in the middle of his fence, directly facing his deck.”
He asked Sound to get rid of the tarp, but she refused.
MacLeod didn’t dispute cutting two-thirds of Sound’s tarp on April 21, 2023. He also admitted he didn’t return the hardware, which secured the tarp to the fence.
Sound replaced the first tarp with a different one, and MacLeod alleges she trespassed on his property to do so. MacLeod removed the tarp, throwing it back over her side of the fence. Then, Sound reinstalled a second tarp by hanging it without trespassing, and it remained in place.
The tribunal found that MacLeod actually trespassed without the authority to cut her tarp.
The tarp was an “end panel” from an auto shelter for parking cars beneath, and Sound provided some evidence of the cost, entitling her to $300 for the damaged panel. Sound also claimed she paid a handyman $50 for installing the first tarp, and the tribunal said that the limited evidence she provided was enough to award her the $50 she sought.
In the end, the tribunal awarded Sound $503.31, which included $360 in damages and the rest in tribunal fees.
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