A British Properties man is suing the District of West Vancouver alleging his collection of antique firearms was wrongly destroyed by West Vancouver police.
Joachim Matthias Waibel has filed suit in B.C. Supreme Court naming the district, several current and former members of the West Vancouver Police Department, a steel recycling plant and its owners.
In December 2013, a North Vancouver judge ordered Waibel to forfeit a large collection of modern pistols, shotguns and rifles but allowed his collection of 42 antiques to be transferred to Nimrod Dix, a London-based auction house owner, “upon obtaining all necessary import and exporter permits.”
But, according to Waibel’s suit, that never happened.
“Mr. Dix attempted to obtain the release to him of the gun collection pursuant to the provincial court order but the defendant … and other West Vancouver Police Department members responsible for the care, custody, control and safekeeping of the gun collection … did not assist him in obtaining the release of the gun collection or failed to provide him with proper assistance, despite Mr. Dix’s request for assistance,” the claim states. “On or about Nov. 24, 2016, the West Vancouver defendants, without notice to the plaintiff, without his authorization, consent or permission and without the colour of right, wilfully and intentionally caused the gun collection to be sent to defendant Richmond Steel … to be destroyed by Richmond Steel.
The suit lists 23 antique black powder pistols, seven black powder rifles, five antique walking canes capable of firing a single shot, two Flavelle Brothers antique duelling pistols, two different black powder duelling pistols, one antique musket capable of firing a single shot, one antique sword with a black powder pistol, and an 1837 six-shooter.
Waibel’s claim estimates the guns had an approximate value of US$140,000.
Waibel alleges Richmond Steel, took inadequate steps below the standard of care to determine who owned the guns and whether the West Vancouver police had the authority to have them destroyed.
Waibel is asking the court to order the return of any of the guns, if any of them still exist, plus damages. In the event anyone named in the lawsuit resold any of the guns, Waibel is asking that proceeds be given back to him. And if the guns have all been destroyed, Waibel is seeking damages for trespass to goods, gross negligence, negligence and breach of trust, plus general and special damages.
The District of West Vancouver, however, has responded to the suit denying “every allegation of fact and proposition of law” set out in Waibel’s claim, save for a few.
“At all material times, the defendants’ actions were reasonable in the circumstances and did not constitute a breach of the applicable standard of care,” their response states.
Waibel was negligent by failing to demand the return of the gun collection, by failing to transfer the registration and ownership so they could be properly released to another person, and for “placing himself in a situation in which injury to his property was reasonably foreseeable,” West Vancouver’s statement of defence continues.
Richmond Steel admits the company did “facilitate the destruction of a gun collection … at the request of the West Vancouver Police Department,” but the company denies it owed Waibel a duty of care.
“At no point did the Richmond Steel defendants know, nor could they possibly have known the identity of the prior or current owner, if any, of any of the guns destroyed on or around Nov. 24, 2016. Further, there is no mechanism by which the Richmond Steel defendants could verify the beneficial ownership of any guns brought to it for destruction by a police force,” their statement reads.
None of the allegations have been proven in court.
