A B.C. woman who claimed emotional distress after her neighbour bared her buttocks to her through a window has lost her $500 damages suit.
The Osoyoos resident filed the B.C. Civil Resolution Tribunal claim after a June 30, 2023 incident.
She and her neighbour live in a townhouse complex, tribunal member Maria Montgomery said in the recent decision.
“Relations have not been friendly for many years,” Montgomery said.
The woman claimed her neighbour exposed her buttocks when in full view of her kitchen window with the intent of upsetting her and her spouse.
The woman provided a video file to the tribunal that shows a figure bending over and pulling down their pants.
The neighbour, however, said the figure in the video could not be her as she was working at the time. She said the applicant had not explained or proved that she suffered any harm.
Montgomery said the applicant had to prove her neighbour engaged in wrongful conduct and that conduct caused something more serious and prolonged than the usual annoyances, anxieties and fears that arise in society.
“Due to the video’s significantly poor quality, I am not able to identify the individual or confirm exposure of any body part,” Montgomery said, adding the applicant did not meet her burden in proving the neighbour performed the alleged conduct.
Moreover, Montgomery said, even if evidence established the neighbour attempted to inflict mental distress, she would still dismiss the claim because she has failed to prove damages.
“As [the applicant] has not provided any medical evidence of the emotional impact of the incident, I find there is not enough evidence for me to conclude that she experienced mental distress,” Montgomery ruled.
