A longstanding dispute between two neighbours on Garnet Valley Road in Summerland has returned to the courts.

The dispute is between Brad and Darren Besler and their neighbours, What The Fungus mushroom farm.

An earlier dispute between the two parties went before the courts in 2019, and it appeared to have been resolved at that time.

However, on March 4, 2024, the Beslers filed a new lawsuit in civil court against What The Fungus. One of the new claims made by the Beslers alleges that their neighbours participated in 鈥渕alicious prosecution鈥� by pressuring and misleading police and Crown counsel in order to get a criminal claim brought against the brothers in 2019.

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In the 2019 criminal case, Brad Besler and Darren Besler were jointly charged with two criminal offences. These were for mischief by willfully obstructing, interrupting or interfering with the lawful use, enjoyment or operation of the property. The other was for engaging in conduct that caused Thor Clausen of What The Fungus to reasonably fear for his safety or the safety of anyone known to him.

The two were found guilty on both charges and sentenced to nine months probation that would end with a conditional discharge. However, the conviction against the Beslers was later overturned in an appeal.

The mushroom farm owners responded on March 27, disputing much of the original claim and also filing a new application to declare the Beslers as vexatious litigants.

A vexatious litigant is one who files proceedings that are defined as annoying, irritating, distressing or harassing and brought without reasonable grounds. To be a vexatious litigant, the filings must also be done knowingly and repeatedly.

The dispute has yet to be tried in court and none of the claims of either party have been proven.