Loathe thy neighbour: strata wins fight over 'unacceptable' conduct

One couple claimed the two men in suite 109made themfeellike "prisoners in their own home".

Another resident of the Burnaby buildingswore she lost full nights of sleep to the "yelling, screaming, swearing, singing" and dog barking coming from the apartment occupied byRonald Thibodeau and Barry Linden.

And yet anothersaid she started taking anti-anxiety medication after Linden handed out leaflets calling her a "whore"at the strata's annual general meeting.

Now, after considering evidenceofincidents from 2003 to the present day, B.C. Supreme Court Justice William Ehrcke has essentially ordered Thibodeau and Linden to be quiet.

"I am satisfied that the extensive affidavit evidence supports the conclusion that the respondents have frequently caused excessive noise and engaged in harassing conduct that has unreasonably interfered with the rights of their neighbours to quiet enjoyment of their own units," Ehrcke wrote.

"Their conduct remains unacceptable."

'Well-liked' by other residents?

Ehrckespecifically orderedLinden and Thibodeau not to communicate, visit with orutter obscene, abusive or threatening comments atmembers of the strata corporation, their families or guests.

They're also restrained from listening into other lots in the 95-unit building, vandalizing common property, yelling, screaming or singing past 8 p.m. and from leaving dog feces anywhere on the strata's common property.

According to the decision, Thibodeau, who is the registered owner of the condo, appeared in court to claimhe andLinden are "well-liked" by other residentsof the building who didn't file affidavits.

But Ehrckesaidneither man filed any evidence to that effect.

The complainants, on the other hand, swore numerous affidavits detailing their complaints.

A First Nations resident claimed Linden called his wife a "squaw."The president of the strata council claimed the two men sat at the entrance to the building and insulted her on her return from work.

Linden has been fined for smearing dog feceson the carpet, an act Ehrckenoted was caught on the strata's security camera.

And the building's caretaker claimed the police had to be called after the two men surroundedhis office, yelling obscenities and kicking and pounding on the door and window.

Ehrcke also ordered the two men to pay $3,400 in unpaid fines levied against them by the strata.