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Judge tosses out North Vancouver fence fight

North Van neighbours rebuked by judge

Two North Vancouver homeowners both walked away from court emptyhanded recently after taking their dispute over a fence before a B.C. Supreme Court justice.

Jorge Graham sued his neighbours Namtej Singh Kang and Saranjit Kaur Kang - as well the Kangs' contractor Kuldeep Singh Rai of Golden Gate Developments - over a wooden fence between their Prime Street properties.

Both the homes were rental houses in which neither party lived.

According to court documents, the Kangs bought their property in September 2011 and

hired Rai to tear down the existing house on the lot and build a new singlefamily home. Graham owned the lot next door.

During excavation work on the Kangs property in January 2012, the wooden fence and an iron gate attached to it fell down.

Graham eventually sued, claiming the fence had been on his property. Graham claimed more than $10,000 plus taxes to replace the entire fence and for damage done to the iron gate.

In a counter claim, the Kangs wanted more than $30,000 for delaying construction and adding to the costs of the new home.

Surveys done by both parties eventually confirmed the damaged section of fence was not located on Graham's property. The judge noted a new fence was also built to replace the old one.

Justice Shelley Fitzpatrick dismissed both claims, noting the issue was one "that should have been resolved between neighbours without the necessity of a trial."