An Osoyoos couple have received some compensation and closure after a physical altercation with their neighbours led to a two-year battle in B.C.’s Civil Resolution Tribunal (CRT). 

Michael and Irina Bahmutsky have been involved with three separate Civil Resolution Tribunal disputes since 2020, when they made their first series of claims against fellow strata member Marian Griffiths regarding the actions of her adult son, Morgan. 

The incident that spawned their mutual enmity occurred in March of 2020 when, according to court documents, Morgan Griffiths was captured on video shouting insults and ethnic slurs at Michael Bahmutsky while he jogged in their common property yard.

When Bahmutsky didn’t appear to respond, Griffiths then ran after him and “jabbed at him with a stick-like instrument,” escalating his insults to direct threats against Bahmutsky’s physical safety. He then appeared to spit on Bahmutsky and turned his hose on the man until he returned to his home. 

A flurry of other complaints from both sides followed the incident, with the Bahmutskys adding claims of parking violation, improper substance use, vandalism and damage to the strata’s common property, and other forms of harassment to those of racially-motivated verbal and physical abuse.

Marian Griffiths then filed a counterclaim stating that several of their electronic devices had been “hacked” by the Bahmutskys to cause them mental anguish, though their lack of any proof led to the claim being dismissed.

As for the incident that began their battle and its many accompanying complaints, a series of mistakes made in the filing of their dispute by the Bahmutskys, who acted as their own representation, saw their claims dismissed as well.

The Tribunal report noted that many of Bahmutsky’s requests, such as a restraining order against Morgan Griffiths to prevent further violent altercations, were beyond the Tribunal’s power to grant. 

The Bahmutskys also failed to name Morgan in their dispute, as the majority of their complaints were directed at the strata committee and Marian Griffiths as the homeowner, and made the wrong form of claim to cover verbal and physical abuse.

Furthermore, their complaints against the strata for failing to uphold property bylaws didn’t actually conform to said bylaws, or in some cases had already been settled to the strata committee’s satisfaction and were thus outside of the Tribunal’s control to change. 

Ultimately, Morgan Griffiths’ actions were judged to be “erratic and unneighbourly” but not grounds for any interference by the Tribunal, and all of the property-related disputes were dismissed.

This could have been the end of the couple’s chances for compensation, as a legal principle exists to prevent multiple claims being made for a single issue. However, when they resubmitted their dispute against Morgan Griffiths for the March 2020 altercation, new hope came in the form of a new set of eyes at the Tribunal.

While they could not reverse any of the earlier decisions on claims that had been brought forward correctly, the Bahmutsky’s initial claims of physical and verbal abuse had only been disregarded due to multiple errors in submission, not resolved.

This allowed the Tribunal to review video evidence and testimony from the first dispute, as well as add fresh evidence in the form of testimony by a third member of the strata property who witnessed Griffiths spitting on Michael Bahmutsky and heard him make reference to COVID-19. 

As a result of this second look, Griffiths has been ordered to pay $500 in damages for the emotional and psychological impact of the assault and an additional $1,000 to condemn his “reprehensible” and “egregious” conduct.

With court fees and interest included, Michael Bahmutsky will receive $1,606.73 in a resolution that was two years in the making. The CRT is Canada’s first online tribunal and resolves disputes around vehicle accidents, small claims disputes up to $5,000, strata property, societies and cooperative associations.

Morgan was also charged with assault following the incident and his case is progressing through the courts.