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No. 114650

Victoria Registry

 

In The Supreme Court of British Columbia

 

Between:

 

Brian Milne and Jean Barakett

Plaintiffs

 

And:

 

The Saltspring Island Rod and Gun Club

 

Defendant

 

 

ORDER MADE AFTER APPLICATION

 

           

            BEFORE THE HONOURABLE         )

            JUSTICE MYERS                               )           3 October 2014

 

ON THE APPLICATION of the plaintiffs, coming on for hearing at Vancouver, British Columbia on 03/Oct/2014, and on hearing Gregory N. Harney for the plaintiffs, and John Horn, Q.C. for the defendant.

 

THIS COURT ORDERS that:

 

1. All outdoor shooting at the defendant property will be prohibited unless a range officer is present during the shooting.

    

2.  Save for the use of the indoor range for social activities, the defendant will prohibit:
   1. all people on its premises from consuming alcohol on any defendant gun range; and

       

   2. any person from conducting shooting after consumption of alcohol

       

       

       

       

3. The defendant will close the "cowboy" range and will prohibit cowboy shooting.

    

4.  Save for the use of the outdoor range  for training purposes by any police officer  and the use of .45 caliber handguns on the indoor range, the defendant will prohibit the firing of:

    

   1. "black powder" weapons;

       

   2. .50 BMG;

       

   3. AK 47; and

       

   4. .45-70 caliber weapons.

       

5. The defendant will prohibit the use of any weapon prohibited by applicable firearms laws and regulations.

    

6. By December 15, 2014, the defendant will build side berms fully compliant with all applicable regulations and range authorizations, which berms will in any event be:

    

   1. at least 30 metres in length from the forward edge of the rifle shack;

       

   2. at least 3 metres high from the shooting station;

       

   3. at least 1.5 metres in width at the crest;

       

   4. sloped on the interior face at a 30-degree angle;

       

   5. covered by a minimum of 1 metre of ricochet-free material; and

       

   6. at the crest of the berms, surrounded by a 4-foot sound-mitigating fence.

       

       

7. The defendant will renovate and strengthen the backstop behind the rifle range, which backstop will include a covering of one metre of ricochet-free material.

    

8. The defendant will install a bullet trap behind the rifle range backstop, and will regularly remove all ricochet, bullet fragments, and lead.

    

9. By December 15, 2014, the defendant will implement sufficient controls to limit outdoor range shooting noise to be no more than 60 dbAI at the plaintiff-defendant property line, excluding trap shooting, and excluding the use of the outdoor range for training purposes by any police officer and will prohibit any shooting reasonably expected to exceed that limit.

    

10. The defendant will sufficiently insulate the indoor range with soundproofing such that no shots from the indoor range will create a noise in excess of 50 dbAI at the plaintiff-defendant property line.

     

11. The doors to the indoor range will be closed during shooting.

     

12. The defendant will within 10 days request an environmental assessment from the Ministry of Environment, British Columbia, of the current state of the property and the proposed controls for lead containment and collection.

     

13. The defendant will prohibit all shooting on Sundays and Mondays, except for Father's Day.

     

14. The defendant will limit trap shooting to five hours per week.

     

15. The defendant will comply with all applicable laws, bylaws, and regulations

     

16. The time limits set out above may be varied by consent or by court order on application of any party.

     

17. The plaintiff and defendant will deliver written submissions with respect to an award of costs in this action.

     

18. The application for a declaration that the defendant is in contempt of Mr. Justice Myers June 17, 2014 order, and for a fine for that contempt are dismissed.

     

     

     

19. The application for damages for nuisance sought in the September 10, 2014 notice of application of the plaintiff attached as Appendix "A" is adjourned generally.

 

THE FOLLOWING PARTIES APPROVE THE FORM OF THIS ORDER AND CONSENT TO EACH OF THE ORDERS, IF ANY, THAT ARE INDICATED ABOVE AS BEING BY CONSENT:

 

 

 

                                                                                                                                               

                                                                        Signature of Gregory N. Harneytype or print name

                                                                          party    lawyer for the Plaintiffs[name of party(ies)]

 

                                                                       

 

                                                                                                                                               

                                                                        Signature of  John Horn, Q.C.type or print name

                                                                          party    lawyer for the Defendant[name of party(ies)]

 

 

 

                                                                        By the Court

 

 

                                                                                                                                               

                                                                        Registrar

 

 

 

THIS ORDER MADE AFTER APPLICATION was prepared by John Horn, Q.C. of the law firm of Ramsay Lampman Rhodes, Barristers & Solicitors, 111 Wallace Street, Nanaimo, British Columbia, V9R 5L9, Telephone:  (250)754-3321, Fax:  (250)754-1148.  C6790