[CANUFNET] Examples of civil cases

[Giedraitis, John]

Hello my Canadian Friends,

The state claims ownership of private property and fines a citizen $72,280 for removing 11 trees? See Article 9 and 10<http://english.peopledaily.com.cn/constitution/constitution.html> and http://www.hoover.org/publications/digest/4525011.html

John Giedraitis
Texan and former visiting student in forestry at McGill's McDonald College
________________________________
From: canufnet-bounces at list.web.net [mailto:canufnet-bounces at list.web.net] On Behalf Of Richard Ubbens
Sent: Friday, February 01, 2008 11:41 AM
To: canufnet at list.web.net
Cc: Shelley Vescio
Subject: [CANUFNET] Examples of civil cases

CANUFNET,

Further to the information that was sent on January 30, 2008, noted below, the following provides some further details on the case in question. Additional information has been requested from our Legal Division and we will provide it when received.

Ms. Vescio: We could also put you in touch with our legal staff that worked on this case for further information.

The case was settled prior to going to trial. It was City of Toronto vs. 55 Horner KS Inc. The defendant entered a guilty plea on May 23, 2006, and the Justice of the Peace was G. Miller. The date of the offence was March 9, 2006.

Andrew Pickett
Urban Forestry

Previous email sent Jan. 30/08

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<mailto:rubbens at toronto.ca>
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