[CANUFNET] recent boundary tree decision in Ontario Superior Court

[Oliver Reichl]

I had also found the section on Toronto's website that Robin quotes. FYI,
my earlier comment was based on the following:

"
§ 813-9. Definitions.
As used in this article, the following terms shall have the meanings
indicated:
...
ARBORIST — An expert in the care and maintenance of trees and includes an
arborist qualified by the Ontario Training and Adjustment Board
Apprenticeship and Client Services Branch, a certified arborist qualified
by the International Society of Arboriculture, a consulting arborist
registered with the American Society of Consulting Arborists, a registered
professional forester or a person with other similar qualifications as
approved by the General Manager."
(Source: http://www.toronto.ca/legdocs/municode/1184_813.pdf)

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


On Tue, Jun 4, 2013 at 7:53 PM, Robin Wells <
robin.wells at simcoemuskokatreeservices.ca> wrote:

>  Agreed Oliver.  Although the City of Toronto, in the paragraph following
> the requirement to have an arborist fill in the report does indicate
> arborists are certified by ISA or registered with ASCA ( a good start ).
>  But it needs to clearly state that one of these certified or registered
> arborists are required to complete the report.  In fact, it might be good
> to go one step further and require a qualified tree risk assessor if they
> want to up the stakes a bit.
>
>  "If you require a permit to remove or injure a protected tree, you must
> complete and submit an Application to Injure or Destroy Trees<http://www.toronto.ca/trees/pdfs/PrivateTreeBy-lawInfoSheetandPermitApplication.pdf> and
> the required fee and supplementary documents to the appropriate district
> office, as shown below. An arborist report is required for all Applications
> to Injure or Destroy Trees. You can find professional tree service
> companies, that can prepare an arborist report, by checking the Yellow
> Pages <http://www.yellowpages.ca/> or similar business directories such
> as The Gold Book <http://www.goldbook.ca/goldbook>. An internet search
> using keyphrases such as "tree service companies Toronto" should provide
> listings as well.
>
> Arborists are certified with the International Society of Arboriculture
> (I.S.A.) or registered with the American Society of Consulting Arborists
> (A.S.C.A.). You may mail, courier, or hand-deliver the completed
> application package to the appropriate district office as shown below."
>
>
>  On another note, I am wondering what Justice Moore would rule was the
> "trunk".  Is it the central, dominant leader?  What if there are multiple
> co-dominant leaders?  What an arborist may call a trunk may differ from a
> lawyer, is there a legal definition somewhere?
>
>   "Justice Moore also rejected the argument that the only thing that
> matters when determining shared trees is whether the trunk crosses the
> boundary line at ground level. According to his ruling, if any part of the
> tree’s trunk crosses the property boundary, it is a co-­‐owned tree. "
>
> Robin Wells
>
> On 2013-06-04, at 11:11 AM, "Oliver Reichl" <careofthetrees at gmail.com>
> wrote:
>
>    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
>
>
> On Mon, Jun 3, 2013 at 4:52 PM, Lorraine Johnson <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****
>>
>
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