[CANUFNET] recent boundary tree decision in Ontario Superior Court

[Shields, Peter]

Great call Oliver!
It seems that sometimes the requirements set upon the consultants and arborists are not consistent throughout the City and obviously with other municipalities; and may lead to more legal dilemmas, especially coming to reasonable preservation and compensation.  This one points to Norway maple, and some arborist and stakeholders view of the species.  It is a tree and has no place near a natural ravine, but despite that, it is a heck of a good city tree (in the right place of course) and the varieties are also vast and great.
I am glad of the ruling, I have defending a long list of clients where construction is impacting their trees (completely on their property) and without a reasonable or proper plan, and their projects are pushed through.  Then a simple little tree issue with perhaps some minimal injury, and the list of demands put forth are just out of this world. (some lists are good but some are not)
I agree, Toronto needs to tighten up with a few definitions and become a little more consistent across the board.
Cheers,

Peter Shields
Senior Consulting Arborist
ISA Board Certified Master Arborist ON-0570B, ISA Tree Risk Assessment Qualified
OMNR Butternut Health Assessor #252, Forest Technician, ASCA member
O - (905) 274-8300  C - (647) 465-4901
www.davey.com/services/davey-resource-group/<http://www.davey.com/services/davey-resource-group/>
http://www.davey.com/services/urban-forestry/tree-preservation/arborist-reports-and-tree-preservation-plans-in-canada.aspx
Trees Were Just the Beginning <http://www.youtube.com/watch?v=OnAennw1JUs>
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From: CANUFNET [mailto:canufnet-bounces at list.web.net] On Behalf Of Oliver Reichl
Sent: Tuesday, June 04, 2013 10:56 AM
To: Canadian Urban Forest Network
Subject: Re: [CANUFNET] recent boundary tree decision in Ontario Superior Court

Thanks for posting this.
Toronto needs to tighten up its definition of "arborist" in the private tree by-law. Most municipalities require specific credentials and don't accept reports from just any "person with other similar qualifications". It seems to me that Hartley should never have gotten her removal permit in the first place, regardless of the whole property line issue.

Oliver K. Reichl, B.E.S.(Hons)
Consulting Arborist-Ecologist
ISA Certified Arborist #ON-1178A
Tel: 613-923-8833
Web: www.oliverkilian.com/treecare<http://www.oliverkilian.com/treecare>

On Mon, Jun 3, 2013 at 4:52 PM, Lorraine Johnson <ljohnson at interlog.com<mailto:ljohnson at interlog.com>> wrote:
Hi,
You might be interested in this recent Ontario Superior Court decision regarding a boundary tree in Toronto. Also attached is a press release from two of the people involved in the case.
I plan to write an article about this for Ground: Landscape Architect Quarterly and would very much like to hear from anyone with comments on the decision. Please feel free to get in touch with me off-list.
Cheers,
Lorraine Johnson
Writer, and editor of Ground
ljohnson at interlog.com<mailto:ljohnson at interlog.com>
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