[CANUFNET] examples of civil cases

[Richard Ubbens]

There was a recent case in Toronto, involving an infraction of the City's private tree by-law. Urban Forestry staff received a complaint from the community indicating that trees were being removed from a property. An investigation by staff determined that a number of trees had been removed, with a number of trees qualifying for protection remaining on the site. The remaining protected trees were inventoried and their conditions assessed by staff. The appraised value was calculated based on this assessment.
 
The owner of the property was present at the time of the inspection and was made aware of the tree by-law. The owner indicated that no further tree removal was to take place at this property. Unauthorized removal of the remaining protected trees occurred several months later.
 
Charges were laid under the provisions of the City of Toronto's private tree by-law. The trees that were inventoried and assessed included 4 ash trees, 4 willow trees, 2 silver maples and 1 poplar. The appraised value for the 11 trees was approximately $85,000.
 
We asked the court for a fine of $82,608. The defendant offered $40,000, and a settlement was reached for $52,650 plus a 25% victim surcharge giving a total of $65,812. Additionally we received funds for planting 11 replacement trees 11x$588 = $6,468 bringing the total amount of the settlement to $72,280.
 
 
Richard Ubbens R.P.F.
Director, Urban Forestry
City of Toronto
Parks, Forestry and Recreation
18 Dyas Road, Main Floor
M3B 1V5
tel:  416.392.1894
fax: 416.392.1915
rubbens at toronto.ca 
www.toronto.ca/trees
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