Vancouverites are known to cherish their magnificent views of the city and nature. A lawsuit filed this month in BC Supreme Court aims to pin a value on exactly how much a “beautiful” view of the ocean, mountains and Stanley Park is worth.
Naomi Arbabi is suing Colleen McLelland for “trespass,” for allegedly installing a nearly 1.7-metre-tall privacy wall at the border of McLelland’s part of a rooftop deck that she shares with Arbabi and two other neighbours.
Arbabi said in her Oct. 5 notice of civil claim that she bought her home in a strata complex at 1082 West 8th Avenue in June 2021.
“I did rely on views in making the decision to purchase the property,” she said, adding that the view also factored into how much she was willing to pay to buy her strata unit.
Arbabi said in her lawsuit that when she bought her home, McLelland had a “much lower, clear glass divider.”
She alleges that McLelland installed the taller privacy wall on Sept. 5, and that she did not remove it when Arbabi asked her to take it down. Arbabi said she made "many attempts" to keep the matter private and to resolve it peacefully but McLelland did not provide a remedy to the situation.
Arbabi is seeking $30,000 for the first 30 days of McLelland having her privacy wall, plus $1,000 for each day that the wall stays in place. She is also asking the court to provide her with $4,200 for administrative costs.
McLelland has yet to file a statement of defence.
None of Arbabi’s allegations has been proven in court.
