The BC Civil Resolution Tribunal (CRT) has dismissed a B.C. strata owner’s claims that his building’s caretaker emotionally harassed him for allegedly avoiding him in elevators and failing to say hello.

The owner sought $2,400 in damages, saying the caretaker’s behaviour had caused him to become depressed. He also asked the CRT to order the strata to fire the caretaker or impose restrictions on his living and working arrangements.

In a decision issued Monday, tribunal vice-chair Kate Campbell wrote the caretaker’s alleged behaviour did not constitute harassment. She said the strata had acted reasonably in response to previous complaints made by the owner, including limiting contact between the two.

The CRT says the owner had sent the strata an email in July 2023, in which he said the caretaker looked at him “like a bug with strange grin-smile on his face,” which made him feel intimidated.

As part of his argument, the owner shared an audio recording of a conversation between him and the caretaker, taken in June 2023.

However, Campbell says the recording actually shows that the owner confronted the caretaker and refused to drop the subject after the caretaker said he didn’t want to continue the discussion.

The conversation, according to the written decision, went as follows:

Owner – I know you don’t like me…whenever I’m in the elevator you just kind of run away.

Caretaker – Yeah. You can do you. You’re welcome to just do you, like everybody in the world. Just do you, and I’ll do me.

Owner – What’s the reason for that?

Caretaker – I’m not interested in having this conversation. Like I say, I’ll just do me and I allow you do to you.

Owner – I’m not the only one. There are about nine neighbours who are not very happy with you.

Caretaker – I’m not interested in having this conversation with you whatsoever.

Owner – You’re very rude.

“I find this recording shows that [the owner] was rude and confrontational with [the caretaker],” Campbell said in her decision.

“Their conversation began in a civil manner, and then [the owner] confronted [the caretaker], and refused to stop when [the caretaker] said he did not want to continue the conversation.”

She wrote that the caretaker’s comments about “I’ll do me” and “you can do you” were not harassing or rude.

“Instead, these comments indicated that [the caretaker] wished to have a distant but non-confrontational relationship with [the owner].”

As well, she says the fact that the owner recorded the conversation shows the confrontation was planned.

She also says the owner’s statement that the caretaker looked “like a bug with a strange grin-smile on his face” was demeaning, with the purpose of denigrating the caretaker to his employer.

According to the decision, the owner had also sought a forensic audit of the strata’s finances and access to additional employment records for the caretaker.

All of the owner’s claims were dismissed.