What began as a disagreement about access to a driveway and alleged damage quickly turned into a years-long legal battle.
A case recently emerging from the Supreme Court of British Columbia involved neighbours disputing over an easement on their driveways. Canadian couple George Liu and Tracey Song were forced to pay over $443,000 in damages to their neighbours, Cindy and Richard David, after it was determined they purposefully dragged out a legal battle in an attempt to financially drain their neighbours. Additionally, they were ordered to pay punitive damages for their defamatory remarks posted online.
Background
What began as a disagreement about access to a driveway and alleged damage quickly spiralled into years of litigation.
The neighbours had a friendly relationship until the Davids started building a carport in April 2021. By the time the construction was finished in March 2022, the Liu/Song family complained that the shared driveway had been damaged. What started as a small disagreement soon escalated into name-calling both in person and online.
In April 2022, the court found that George Liu had posted false and harmful statements about Cindy David on a WeChat forum for Chinese-speaking Lions Bay residents. He accused her of being a “tax evader, a fraudster, a public resource abuser” and claimed she was exploiting her cancer for personal gain. The court was also told that Cindy David had been diagnosed with ovarian cancer in 2018 and, by December 2024, her prognosis was terminal.
The court found that Tracey Song and George Liu had not only defamed their neighbours, Cindy and Richard David, through online posts, but had also taken steps that unnecessarily prolonged and escalated the dispute. As a result, the judge awarded general and punitive damages for the defamatory conduct, along with high special costs to reflect the misconduct during the litigation. In total, the couple were ordered to pay more than $443,000.
The judge noted that, despite Mr. Liu’s apology, his conduct was so “malicious, oppressive and high-handed” that it offended the court’s sense of decency, highlighting the need to deter such behaviour.
Conclusion
This case demonstrates how a seemingly simple neighbourly dispute can quickly escalate into a prolonged and costly legal battle. What might have been resolved through negotiation or alternative dispute resolution instead dragged on, with the court finding that one party’s actions were not only unproductive but deliberately punitive.
The case also serves as a cautionary tale about the risks of online defamation. Courts can award both compensatory and punitive damages when statements are made recklessly or maliciously. The decision reinforces that digital platforms do not shield users from defamation claims, and even statements shared within small or private communities can have serious legal and financial consequences.
The court’s criticism of the Liu/Song couple’s vexatious conduct highlights the high cost of pursuing disputes aggressively rather than seeking a constructive resolution.
Read the full judgment here.
Have you or someone you know been impacted and require guidance on a property dispute matter? Contact Nadine Esaid, Associate Lawyer at Boardwalk Law, to learn more:
[email protected] / 365.747.3614
