The Province

Richmond couple sues course over golf balls landing near home

- KEITH FRASER kfraser@postmedia.com twitter.com/keithrfras­er

A Richmond couple is suing a local golf course for damages, claiming a golf ball came close to hitting their infant daughter.

Chao Chen and Meng Lyu say on May 16 their nanny was pushing their fourmonth-old daughter in a stroller on Semlin Drive and as she approached their home, the nanny 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 Quilchena Golf and Country Club’s course, located about 100 metres from their home on Semlin Drive, they say.

“It had hit the wall of the plaintiffs’ house and rolled under the stroller. It had come close to hitting the plaintiff ’s daughter,” the couple says in a suit filed in B.C. Supreme Court.

“The plaintiffs discussed the matter with the golf club who advised that it would take preventati­ve measures.”

The couple says on July 3 they discovered their vehicle had severely damaged glass arising from a golf ball hitting its windshield, the damage preventing them from safely driving their vehicle.

“The plaintiffs again attempted to discuss the matter with the golf club, but the golf club advised that they would not take any preventati­ve measures and would not compensate the plaintiffs for any damages,” says their suit.

“By refusing to take any preventati­ve measures the golf club is allowing golf balls to leave its property and enter the property of the plaintiffs, creating a nuisance and a safety hazard.

“The plaintiffs have suffered economic loss arising from the acts or omissions of the golf club, as well as distress and fear for their physical safety and the safety of their daughter.”

Based on the plaintiffs’ knowledge, a few properties in the same community have had the problem of being hit by golf balls from the private club, the suit adds.

“The plaintiffs’ property has been hit about 18 times by golf balls since January 2018.”

The couple is seeking damages for “nuisance, escape and trespass” and an interim and permanent injunction restrainin­g the club from allowing the escape of golf balls from the course and onto their property.

They also want an injunction requiring the club to take preventive measures, including constructi­ng or erecting a physical barrier to prevent the escape of golf balls onto their home.

No response has been filed to the suit, which contains allegation­s that have not been tested in court.

In an email, the golf course’s general manager said the club’s board and legal counsel are reviewing the claim.

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