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Peace bond separates irate neighbours

Peter Varga
Northern News Services
Published Friday, August 6, 2010

SOMBA K'E/YELLOWKNIFE - Feuding neighbours who made accusations of eavesdropping, tailgating and making obscene gestures needed a peace bond from a territorial court judge to help them co-exist.

The complainant and defendants, a husband and wife, were ordered to keep the peace and be of good behaviour as of July 30. Having lived side-by-side in a duplex for four years, they must also sever any contact. That will be made easier by the complainant moving out, as he and his family have decided to vacate the premises.

Failing to abide by the conditions of the peace bond would result in a maximum of six months in jail and a fine of up to $5,000, Judge Bernadette Schmaltz warned.

The complainant requested the peace bond on the grounds that the defendants posed a threat to his family's safety. That belief stemmed primarily from an allegation that one of the defendants smashed the window of the complainant's daughter's truck on June 22, and allegations one of the defendants had rammed the vehicle on a few occasions when it was parked in front of the duplex.

"I guess this could have been avoided if we all drove smart cars," the judge quipped after hearing all testimony - which included exhibits, witnesses and questions posed by the complainant and defendants.

Throughout the three-hour hearing, the complainant further attempted to establish his neighbours threatened his family's safety on specific dates - including allegations of tailgating on city roads, obscene gestures and eavesdropping across property lines.

Testimony revealed the two married couples, who had been neighbours since August 2006, had once been on good terms. The complainant's daughter had even babysat for the defendants' daughter on several occasions, until last December. Relations began to deteriorate in 2008 when the complainant built an elevated deck in his backyard - almost seven feet from the ground, and towering over his neighbour's existing deck. The defendants complained to the city, who determined the deck did not follow codes, and put a stop-work order on construction. The complainant continued to build anyway, and paid a fine levied by the city.

Disputes between the two couples proceeded to mount over the following months.

"I can see things deteriorating further and further to a point where this could wind up in criminal court," Schmaltz said. "A peace bond is used to restrain criminal acts from happening."

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