Osoyoos man awarded $1,500 in small claims court after racist abuse, assault by neighbour

An Osoyoos man who was the target of racial slurs, and then assaulted by his neighbour, has been awarded $1,500 in small claims court.

Michael Bahmutsky suffered "distress, fear, (and) humiliation" and that his neighbour's actions lasted "beyond the incident" as they lived next door to each other, said a Civil Resolution Tribunal member.

While the online Civil Resolution Tribunal deals with small claims and strata disputes it's unusual for individuals to use the court to sue for compensation following criminal activity.

This is the third time Michael and Irina Bahmutsky had been involved in legal cases with their neighbours Marian Griffiths and her adult son, Morgan Griffiths, according to a Feb. 22 Civil Resolution Tribunal decision.

In June 2021, the Bahmutskys launched a case against Marian Griffiths and the Osoyoos strata where they all lived.

The Bahmutskys argued that Marian and Morgan broke several strata bylaws, smoked and damaged a flowerbed and that Morgan assaulted Michael and used racist slurs. The Bahmutskys sought an order that the strata refuse to allow Morgan to live there.

However, the Civil Resolution Tribunal refused to resolve the case.

In a separate filing, the Griffiths argued it was Michael who physically attacked Morgan as well as "hacking into" their "computers, internet and phones" and causing them mental anguish.

The Tribunal dismissed the Griffiths' claims.

READ MORE: B.C. man who lost dentures during fight with neighbour wins in small claims court

Much of the Feb. 22 decision is given to deciding whether the online court has the jurisdiction to decide on the case.

Ultimately, the Tribunal ruled the damages claim was not resolved in the two previous cases and moved ahead with it.

According to the decision, on March 22, 2020, Michael was jogging on the strata's front lawn in front of his and the Griffiths' townhouses.

Video presented in evidence shows Morgan hiding behind a post next to the running path. While the video footage doesn't show the men bumping into each other, Morgan then accuses Michael of running into him.

"The video shows then Mr. Griffiths going after Mr. Bahmutsky and poking his body with a stick-like instrument," the decision reads. "The video’s audio captures Mr. Griffiths repeatedly yelling obscenities and ethic and other slurs at Mr. Bahmutsky. Mr. Bahmutsky does not retaliate. He continues his jogging laps of the common property lawn."

Morgan then said he will get Michael in the "teeth this time" and that he's going to "smash" his face.

He then threatens to spit in Michael's face and mouth.

"While the video does not capture the spitting incident, the spitting sound can be heard on the audio and a witness statement corroborates that Mr. Griffiths spat on Mr. Bahmutsky," the decision reads.

"I find Mr. Griffiths spat on Mr. Bahmutsky. After spitting on him, Mr. Griffiths chases Mr. Bahmutsky down and kicks him in his back," the Tribunal ruled.

Morgan then sprays Michael with a garden hose.

The decision said Morgan makes a "blanket denial" about what happened but provided no explanation for the actions caught on video.

The Tribunal found while Michael's physical injury was likely very minor, he still suffered.

"I find it would have been scary and demeaning for a person to be threatened and physically attacked by a neighbour who was shouting hateful, ethnic slurs," the Tribunal ruled. "It would also be humiliating to be spat on and hosed down in view of one’s neighbours in the strata complex."

The Tribunal said there are no other similar Civil Resolution cases to base compensation on but came to the figure of $500 for aggravated damages. The Tribunal then awarded $1,000 in punitive damages, to condemn or deter the conduct.

"Mr. Griffiths not only physically threatened and attacked his neighbour in this strata complex but he did so while yelling hate-filled words at Mr. Bahmutsky and about his ethnicity. The attacks lasted for about 10 minutes and in view of neighbours," the Tribunal rules.

"I find it was also reprehensible that Mr. Griffiths spat bodily fluids at Mr. Bahmutsky’s body as this happened during a pandemic from COVID-19. Mr. Griffiths had mentioned the pandemic in the video, so I find he was aware of it. I find Mr. Griffiths’ conduct was egregious and must be condemned."

Morgan, born 1979, was also charged with assault following the incident. His case is progressing through the courts.

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