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Summerland man continues legal war against neighbour's business

Brad Besler has opposed What the Fungus' operations for years through various legal suits
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Brad Besler in a file photo from his 2022 run for Summerland council. (Contributed)

Another month, another new lawsuit filed by Summerland's Brad Besler against his community. 

The latest suit, co-filed with Besler's mother Vicki on July 2, is a legal challenge over the municipality approving a variance to allow agri-tourism accommodation on Thor Clausen's What the Fungus property next door. 

The two Beslers are also co-filed on a separate lawsuit in May against the Agricultural Land Commission, after the ALC gave its approval for use of some of the What the Fungus property for the Bartlett Tree Company, which Clausen also operates. 

The two suits are the latest legal salvos in Besler's ongoing war against his neighbour, one that led to criminal charges of which he and his brother were acquitted on appeal.

Besler followed his acquittal with lawsuits against the RCMP and BC Prosecution Service, both of which are ongoing. He also filed an additional lawsuit in March against the RCMP claiming the current Superintendent of Summerland and a Corporal based in Kamloops conspired to cover up RCMP misconduct, among other claims. 

The RCMP and Crown have rejected all of Besler's claims in all three lawsuits. 

Those suits are just a few of those Besler has filed since 2019. There are 11 different lawsuits currently listed on Court Services Online, including suits against Summerland's mayor, Summerland's chief administrative office, the Office of the Information and Privacy Commissioner of B.C., the municipality itself and multiple suits against Clausen both personally and against his business.  

Three of the lawsuits were filed in 2024, and five have been filed in 2025. 

That includes the judicial review application Besler filed over Summerland's borrowing bylaw to pay for community infrastructure upgrades. That review was heard by a judge on June 25, who reserved their judgment for a later date.

His defamation lawsuit against Mayor Doug Holmes is due to be heard in court in October 2025. 

The ALC has not yet filed a response to Besler's latest lawsuit, but Clausen has, in which he takes no position on the merits of Besler's claims except to oppose any claim of costs against himself.

The suit against the municipality over the variance has not yet received an official response. 

The latest lawsuits continue the pattern of Besler seeking legal action when a decision is made that he opposes.

The suit against the ALC was filed after it issued its reasons for allowing Bartlett's operations on the What the Fungus property, and the latest suit against Summerland came after they approved a variance for the zoning of the What the Fungus property.

This sets Besler apart from many people who oppose developments or other issues in many other communities. Despite loud opposition to the and Penticton's council's decisions around them, no individual stepped forward and sought to overturn them through the courts. 

As a self-described "watchdog" looking out for his community, Besler has cost Summerland residents tens of thousands in additional taxes, both in legal fees and in costs for responding to his . Besler is also a local business owner of Big Dog Fencing and represents himself in all lawsuits he has filed thus far.

According to the 2025 budget, the district's legal costs went above budget by $128,000 in 2024. The district has stated that a one per cent tax increase for residents of the community would bring in $108,500 in 2025.



Brennan Phillips

About the Author: Brennan Phillips

Brennan was raised in the Okanagan and is thankful every day that he gets to live and work in one of the most beautiful places in Canada.
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