The Supreme Court of B.C. has dismissed a lawsuit by the City of Parksville that sought to have the next-door neighbour of Mayor Doug O'Brien clean up their property.
The petition to the court, filed in September 2023, alleged that Donald Violette and Jacqueline Innes were in violation of a council resolution which required them to “take steps to remedy the unsafe condition created by makeshift structures and hazardously erected piles of debris”.
In 2023, the city referred to the property as “unsightly”, “hazardous” and “a nuisance,” and directed its owners to undertake remedial action.
In their May 2024 response, Violette and Innes alleged the lawsuit stems from "a personal vendetta originating from our next-door neighbour, the mayor of Parksville".
Their response claims that city bylaw officers reported to council that Violette and Innes had made no progress on the property despite “continually making substantial improvements”.
The city petition claimed "tarps and tarp covered structures", "discarded household appliances", "derelict vehicles" and "garbage and debris" on the property on Seaway Drive.
The city, in a Sept. 25 news release, stated Violette was "unwilling or unable to comply with the city’s unsightly premises bylaw terms". Staff obtained council approval to seek relief from the court. O’Brien again recused himself from all discussions, according to the city.
The city said it submitted evidence to the court in October 2024, and court rules preclude the city from filing new information after the initial submission.
"Several court delays occurred, including one where the owners requested more time for personal reasons and the city agreed," the city said. "The judge reviewed the case in August 2025 and found the evidence provided from October 2024 did not confirm an ongoing bylaw violation. The court did not rule on whether the property complies with city bylaws or not."
The response from Violette and Innes claimed O'Brien reported "a massive number of frivolous alleged violations" to bylaw and police, including how vehicles were parked, the location of security cameras and the volume of their radio.
The city release said a series of complaints were made starting in 2021 to the bylaw compliance department citing concerns about noise bylaw violations and unsightly conditions at Violette's property.
"Mayor O’Brien did not submit these complaints. Bylaw complaints are handled by delegated bylaw officers who have the authority to investigate derived from the Community Charter," the city release claimed.
Violette and Innes stated in the response they have reduced the materials in their yard by 75 per cent.
"This entire matter should have been held with use of an objective party, such as an arbitrator," the response said.
In August, BC Supreme Court justice Douglas Thompson dismissed the city's petition.
An undetermined amount of legal costs are to be paid by the city to Violette and Innes.
The city said it had an option to appeal the decision, but that is a "costly process." As the case has proceeded through the legal system, the city has updated several of its bylaws and has other more cost-effective means of pursuing enforcement, stated the release.
According to the city, O’ Brien recused himself from all council discussions about the legal matters involving Violette and his property, both in his previous capacity as a councillor and as the mayor.
The city's full news release can be viewed online at parksville.ca/cms/wpattachments/wpID135atID12590.pdf.
