A quiet neighbourhood in Lions Bay became the battleground for a bitter dispute, culminating in a court order demanding one couple pay an astonishing $443,750 to their neighbours.
The legal conflict began with renovations. When Cindy and Richard David began building a carport and deck in early 2021, their neighbours, Tracey Song and George Liu, felt their property was being impacted – specifically, their shared driveway.
The situation quickly escalated beyond simple disagreement. Liu took matters into his own hands, digging a trench across the driveway and physically blocking access with sawhorses, forcing the Davids to involve the police and seek a court injunction.
Adding fuel to the fire, Liu unleashed a barrage of damaging messages about the Davids on a local Chinese-language WeChat forum. A trial judge would later determine these posts were defamatory, contributing to the escalating animosity.
The initial court ruling awarded the Davids $108,750 in damages, acknowledging the distress caused by the online attacks and the obstruction of their property. However, the judge recognized the conflict wasn’t simply about the driveway.
Evidence revealed a deliberate strategy by Song and Liu to financially exhaust their neighbours. The trial judge found their actions and legal tactics were “consistent with an attempt to exhaust or financially drain the plaintiffs.”
Associate Judge Amy Peck, reviewing the case, determined that further punishment was warranted. She ordered an additional $335,000 in “special costs,” clarifying these weren’t meant to compensate the Davids, but to punish and deter such behaviour.
These special costs are punitive in nature, designed to censure misconduct in litigation. Peck emphasized the goal was to discourage others from employing similar tactics to wear down opponents in legal battles.
The court also commended the Davids’ legal representation, noting their lawyer had been exceptionally diligent and conservative in preparing the case, even reducing claims when challenged by the opposing side. This careful approach reinforced the legitimacy of their costs claim.
Liu and Song attempted to contest some of the Davids’ claims for special costs, but Peck ultimately sided with the Davids, solidifying the substantial financial penalty for their actions.
The case serves as a stark warning: escalating neighbourly disputes into prolonged legal battles, particularly those fueled by malicious intent, can carry a devastating financial cost.
