Justice Rasaiah delivered a judgment on 18 September 2024 in Delavalle v. Acciavatti, finding that a .22‑calibre rifle fired from Acciavatti’s garage struck the plaintiffs’ chimney at 11:30 a.m. on 11 June 2022.
The court awarded each plaintiff $210,000 in general damages for nuisance, $20,000 for trespass and $10,000 for mental distress, plus $50,000 punitive damages, totaling $520,000, and ordered Acciavatti to pay $50,000 in costs within 30 days.
Permanent injunctions now bar noise between 11 p.m. and 7 a.m. Monday‑Saturday, 11 p.m. and 9 a.m. Sunday, forbid trespass onto the plaintiffs’ property, and prohibit firearm discharge from 29 Pentagon Boulevard.
On 23 September 2024 a writ of execution, filed under file number 24‑290, transferred Acciavatti’s interest in the property to the Sheriff of Algoma, who announced a public auction for 1 October 2025 at 10 a.m. in courtroom 1 of the Sault Ste. Marie Courthouse.
The sale requires a 10 % deposit or $5,000, whichever is larger, with the balance due within ten business days, and explicitly excludes vacant possession; any mortgages, liens or taxes remain the buyer’s responsibility.
Nick Delavalle told reporters the family still feels unsafe, adding that the injunctions offer only temporary relief while the property’s future hangs in the balance.