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West Van real estate agent fights $2,300 COVID fine for after-hours gathering

Police were called to a real estate office on Clyde Avenue just before midnight on Jan. 8 by a noise complaint; but man issued ticket says there was no party
NV court pic
A West Vancouver real estate agent and two Whistler residents are fighting fines for hosting banned gatherings in court. | North Shore News files

A West Vancouver real estate agent handed a $2,300 ticket for allegedly hosting a get-together at his office after hours contrary to COVID-19 restrictions is fighting the fine in court.

Dave Michael Jenkins, 40, a real estate agent who sells luxury homes with Behroyan & Associates, was handed the ticket back in January, after police were called out to the real estate office on the evening of Jan. 8, 2021.

Police responded to a complaint of loud music and voices coming from the ground-level office of the real estate company in the 1400-block of Clyde Avenue shortly before midnight. At the time, social gatherings were banned under orders from provincial health officer Dr. Bonnie Henry and the province’s COVID-19 Related Measures Act.

Police said at the time, officers who arrived on scene had interactions with three men who were standing outside of the premises.

Jenkins, who police allege hosted the after-hours get-together, was issued a $2,300 fine.

But Jenkins is fighting the ticket.

Contacted by the North Shore News, Jenkins said he’s disputing the ticket because he wasn’t hosting a gathering at the office.

“There’s no gathering taking place, no party taking place,” he said.

Jenkins said on the night in question he was at the office with two clients who he had just been out to dinner with after selling their property. “We had come back to the office to finish some paperwork.”

Jenkins said the police made a big deal out of nothing. “There was no party inside the office. It’s not like we were pounding a big stereo. We don’t host after-hours parties.”

Jenkins said he could pay the fine but he’s fighting the ticket on principle. “I wasn’t attending an event. I don’t own the business,"  he said. “It’s unfortunate.”

The next court date in the case has been set for August.

Two Whistler residents are also disputing $2,300 tickets handed out to them for allegedly hosting parties contrary to orders issued during the pandemic under B.C.’s Emergency Program Act.

Irving Caudillo Diaz, 27, is disputing a ticket handed out for allegedly hosting a “non-compliant gathering” in Whistler on Feb. 13, 2021. Bianca Barich, 27, is also disputing a ticket handed out for the same alleged violation in Whistler on Jan. 31, 2021.