A Richmond couple is suing Quilchena Golf and Country Club because their nearby property has allegedly been hit by golf balls.
According to a statement of facts presented to B.C. Supreme Court July 24, businessman Chao Chen and businesswoman Meng Lyu reside at 3391 Semlin Drive, north of the golf course, and now claim to suffer “distress and fear for their physical safety and the safety of their [infant] daughter” after 18 balls have allegedly hit their property since January 2018.
One incident was a close call, they claim:
“On or about May 16, 2018, the plaintiffs’ nanny was pushing their daughter in a stroller on Semlin Drive; as she approached the Plaintiff’s house, she heard a loud sound and a golf ball rolled near the stroller. Based on the nanny’s location and description, it was determined the ball had flown from the direction of the Golf Course. It had hit the wall of the Plaintiffs’ house and rolled under the stroller. It had come close to hitting the plaintiff’s daughter.”
Then on July 3 Lyu and Chen claim a balled severely damaged their car’s windshield.
According to the claim, which has not been responded to by the golf club - which is a registered society in B.C. - Quilchena management initially advised the couple that preventative measures would be taken. After the July 3 incident management then told the couple that such measures would not be taken and no compensation for the windshield would be granted.
By refusing to take preventative measures, the couple’s lawyer, Bonny Blake, argues the club is creating a nuisance and a safety hazard for the family.
The property in question is about 100 meters from the first fairway, which is lined with tall trees to the north side. The golf club opened in 1956 and long precedes the homes built to the north of it. Property records show the house in question was built in 2010 and last purchased in October, 2014, for $2.1 million.
The couple claims the golf club has “created and permitted an ongoing nuisance, which unreasonably and substantially interferes with and diminishes the reasonable use and enjoyment of property owned by the plaintiffs.”
The claim concludes “the golf club has been acting as an ongoing problem to human safety and property safety to the community.”
Holden Yap, the golf club’s COO, said the club was not commenting at this time and the matter is before the club’s board of directors and legal counsel.
Blake did not immediately respond to an inquiry from Richmond News.
Relief is sought in the form of damages against the defendant for nuisance, escape and trespass (of balls). As well, Blake is asking for a mandatory injunction requiring the golf club take preventative measures including constructing or erecting a physical barrier to prevent the escape of golf balls from the course.
