A man in Fort Saskatchewan is suing the city, the RCMP and the local motorcycle club over noise from loud bikes.
Richard Jones, 70, says that he had enough after complaining for 18 years about noisy motorcycles going past his home.
So he filed a statement of claim in Edmonton Court of Queen’s Bench late last month, alleging that the RCMP and the City of Fort Saskatchewan have failed to enforce laws against excessive noise.
"My garden is my sanctum and it's my right to enjoy it in peace and quiet," he said. "I have a Charter-guaranteed right to the peaceful enjoyment of my property."
Jones says he doesn't dislike people who ride motorcycles. He's just fed up with the ones with noisy engines and altered pipes and he believes he's not the only one.
“It's not a mission to kill off the biker population or the motorcycle enthusiast population,” he said.
“It's about addressing those cretins that think they have a God-given right to make all the noise they want. And they don't, and the law backs us up.”
Jones is seeking $850,000 in damages but says his lawsuit isn’t about the money.
“It's about right and wrong,” he said. “It's about caring about your neighbour.”
None of the allegations in the statement of claim have been proven in court. No one from the city of Fort Saskatchewan was available for comment.
On Wednesday, the Attorney General of Canada filed a statement of defence on behalf of the RCMP where the police service denies all allegations contained in Jones`s statement of claim.
"The Statement of Claim fails to disclose a reasonable cause of action as against the Federal Defendants and should be struck," the court document states. "Further, or in the alternative, the Statement of Claim is frivolous, irrelevant or improper, or constitutes an abuse of process."
In a letter from Justice Canada dated Oct. 2, Jones is told he has two months to drop his lawsuit against the RCMP without costs. Otherwise he will be responsible for double the costs of the subsequent proceedings.
Justice Minster Jonathan Denis and Crown prosecutor Dave Hall are also named as defendants in Jones's statement of claim. They have asked the Court of Queen's Bench to drop them them from the lawsuit because there appears to be no reason to include them.
The hearing is scheduled for Oct. 10.