** HIGHLIGHTS **
A justice of the British Columbia Supreme Court has granted a limited injunciton in favour of a small farmer whose sheep, turkeys and chickens were startled and "piled" (some died) as a result of loud gunshots emanating from a neighbouring gun club. The gun club was required to make a number of modifications to reduce noise to accommodate the farmer and the residents of other small acreage who had moved to the Saltspring Island location of the gun club long after it was established in 1959. (Milne v. Saltspring Island Rod and Gun Club, CALN/2014-023, [2014] B.C.J. No. 1236, British Columbia Supreme Court)
** NEW CASE LAW **
Milne v. Saltspring Island Rod and Gun Club; CALN/2014-023, Full text: [2014] B.C.J. No. 1236; 2014 BCSC 1088, British Columbia Supreme Court, E.M. Myers J., June 17, 2014.
Nuisance -- Noise Disturbance to Livestock.
The Plaintiff's Brian Milne and Jean Barakett ("Milne") own a 22 acre farm on Saltspring Island on which they raise sheep, turkeys and chickens. Milne brought an action for nuisance, and sought an injunction, against the neighbouring Saltspring Island Rod and Gun Club (the "Gun Club") for noise and alleged lead polluition emanating from the Gun Club.
The Gun Club has 4 shooting areas: an indoor range and three outdoor ranges - a trap shooting range, a rifle range and a "cowboy action" range with mock western targets.
The gun club had been using its land since 1959 - long before Milne purchased his farm in 2006.
It was admitted that shooting at the Gun Club could be heard on the Milne farm. The issue was whether the noise was unreasonable given the character of the neighbourhood. Milne also alleged that lead from the Gun Club land polluted a stream which ran through the farm.
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