[CANUFNET] recent boundary tree decision in Ontario Superior Court

[Julian Dunster]

It certainly did in Kelley v. Town of Ingersoll [1996] O.J. 2318.

On Behalf of Dunster and Associates Environmental Consultants Ltd.


Dr. Julian A Dunster R.P.F., R.P.P.., M.C.I.P., ISA Certified Arborist,
ASCA Registered Consulting Arborist # 378,
PNWISA Certified Tree Risk Assessor # 1.
ISA Tree Risk Assessor Qualified

Honourary Life Member ISA + PNWISA

www.dunster.ca

On 05/06/2013 6:47 PM, Geri Poisson wrote:
> Would this also apply to trees on the boundary between private and 
> public (municipal) property? Or do municipal public tree by-laws 
> supersede this. Many of these by-laws define ownership based on 
> whether greater than 50% of the tree is over the property line. There 
> is no shared ownership.
> This issue came up here in Barrie when a councilor wanted to change 
> the definition of a public tree to be if ANY part of the trunk is on 
> public property.
>
>
> Sent from Samsung Mobile
>
>
>
> -------- Original message --------
> From: Julian Dunster <jadunster at gmail.com>
> Date: 06-05-2013 9:38 PM (GMT-05:00)
> To: canufnet at list.web.net
> Subject: Re: [CANUFNET] recent boundary tree decision in Ontario 
> Superior Court
>
>
> It has long been established law in Canada that a tree that straddles 
> the property line is jointly owned. Ontario has specific legislation 
> dealing with that. The new judgement seems to reinforce but not 
> radically alter established law.
> On Behalf of Dunster and Associates Environmental Consultants Ltd.
>
>
> Dr. Julian A Dunster R.P.F., R.P.P.., M.C.I.P., ISA Certified Arborist,
> ASCA Registered Consulting Arborist # 378,
> PNWISA Certified Tree Risk Assessor # 1.
> ISA Tree Risk Assessor Qualified
>
> Honourary Life Member ISA + PNWISA
>
> www.dunster.ca
> On 04/06/2013 9:46 AM, Craig Bench wrote:
>>
>> Seeing as the decision refers to the Ontario Forestry Act, I wonder 
>> what effect this has in BC?  We don’t have any similar, provincial 
>> level tree regulation, do we?
>>
>> *Craig Bench*
>> Urban Forestry Technician
>> t: 604.998.3291 | e: cbench at cnv.org
>>
>> *City of North Vancouver*
>> 141 West 14^th Street, North Vancouver, BC V7M 1H9
>> Reception: 604.985.7761 | www.cnv.org
>>
>> http://intraweb/hdo2010/Outlook/Images/SocialMediaIcons/fb%2025.jpg 
>> <https://www.facebook.com/CityOfNorthVancouver>http://intraweb/hdo2010/Outlook/Images/SocialMediaIcons/t25.jpg 
>> <https://twitter.com/CityOfNorthVan>http://intraweb/hdo2010/Outlook/Images/SocialMediaIcons/YT25.jpg 
>> <http://www.youtube.com/user/CityOfNorthVancouver/videos?view=0>http://intraweb/hdo2010/Outlook/Images/SocialMediaIcons/lin26.jpg 
>> <http://www.linkedin.com/company/city-of-north-vancouver>
>>
>> *From:*CANUFNET [mailto:canufnet-bounces at list.web.net] *On Behalf Of 
>> *Lr.rainville.consulting
>> *Sent:* Monday, June 03, 2013 7:29 PM
>> *To:* Canadian Urban Forest Network
>> *Cc:* <canufnet at list.web.net>
>> *Subject:* Re: [CANUFNET] recent boundary tree decision in Ontario 
>> Superior Court
>>
>> Thanks for sharing this...this is a great win for the protection of 
>> our urban forest!
>>
>> Luc Rainville
>>
>> L&R Rainville Consulting
>>
>> ISA Certified Arborist AUM
>>
>> 1629 11th Avenue SW, unit #B
>>
>> Calgary, Alberta T3C 0N3
>>
>> 403-702-6648
>>
>> Sent from my iPhone / Envoyé de mon iPhone
>>
>>
>>
>> It's Ok to print this email. Paper comes from a biodegradable, 
>> recyclable, renewable resource - trees. Making forest products from 
>> sustainably managed forests results in jobs for thousands of people, 
>> clean air, clean water, wildlife habitat and carbon storage.
>>
>>
>>
>> "If wildness can stop being (just) out there and start being (also) 
>> in here, if it can start being as humane as it is natural, then 
>> perhaps we can get on with the unending task of struggling to live 
>> rightly in the world—not just in the garden, not just in the 
>> wilderness, but in the home that encompasses them both." (Cronon, 1995)
>>
>> “Introduced plants, animals, and pathogens often pose an initially 
>> hidden but eventually monumental problem...Their harmful effects are 
>> often subtle and surreptitious, but
>> the eventual impacts on the economy or natural environment are no 
>> less real, and [are] often disastrous and even irreversible.” (Daniel 
>> Simberloff, 1996)
>>
>>
>> Le 2013-06-03 à 14:52, "Lorraine Johnson" <ljohnson at interlog.com 
>> <mailto:ljohnson at interlog.com>> a écrit :
>>
>> 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>
>>
>> <Hartley vs Cunningham et al. Ruling 2013.pdf>
>>
>> <Land Mark Tree Ruling Final Press Release 05- 21-13.pdf>
>>
>

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