[CANUFNET] need examples of civil cases

[Ron Carter]

Hi Shelly.
Our Municipal Solicitor informs me that our only public tree cutting case that he can recall went to court (others settled outside of court) was the following:
The case was Saanich vs Dykhuizen, 1989 63 DLR 4th 211. It was for the removal of 6 trees on Lochside. It went to the BC Court of Appeal and established the principle that the ISA formula for determining tree value was an acceptable measure of damages for a claim in trespass. Saanich was awarded $6371 in compensatory damages (The ISA formula for those trees) plus $1000 punitive damages. This was precedent setting.
 
We have settled on ISA formula (Guide for Plant Appraisal) amounts for trees numerous times. Our estimates are always conservative but realistic.
Our Municipal Arborist also reminded me that Vancouver City went after a resident for poisoning a fir in Stanley Park for view in which citizens were outraged by that incident. I believe the city was awarded in that case through the courts. 
Ron Carter
Saanich Parks
 

Hello everyone, 
We recently obtained a guilty charge in Provincial Offences Court for an individual who removed two mature red pines from the boulevard in Thunder Bay, Ontario.  Our lawyer did not ask for a large fine because the evidence was largely circumstantial and he wanted to obtain a guilty charge, so that we could pursue the case in civil court.   Now that we have obtained that, we will be suing for the value of the two trees. 

I am interested in obtaining leads on cases that CANUFNET members are aware of where the value of an urban tree was successfully (or even not successfully) obtaining through legal action.   Any help would be appreciated.  Thanks. 

Shelley Vescio  RPF 
City Forester 
Thunder Bay, Ontario 
(807) 625-2473 


>>> <SVescio at thunderbay.ca> 1/11/2008 11:01 AM >>>



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