[CANUFNET] recent boundary tree decision in Ontario Superior Court

Thu Jun 20 14:49:49 EDT 2013

Here is an update on the boundary dispute topic courtesy of the Globe and
Mail:
http://www.theglobeandmail.com/news/national/one-tree-two-neighbours-and-a-c
hanged-legal-landscape/article12698935/

----------------

James Steenberg

PhD Student

Ryerson University

Office: JOR 607

Tel: 1-416-206-1958

Email: james.steenberg at ryerson.ca

Web: www.james-steenberg.com

From: CANUFNET [mailto:canufnet-bounces at list.web.net] On Behalf Of Philip
van Wassenaer
Sent: Thursday, June 06, 2013 8:51 PM
To: 'Geri Poisson'; 'Canadian Urban Forest Network'
Subject: Re: [CANUFNET] recent boundary tree decision in Ontario Superior
Court

The councillor was right and in line with this decision. I would think
Superior court trumps municipal By-laws but I am not 100 % certain.

Philip van Wassenaer, B.SC., MFC

1248 Minnewaska Trail

Mississauga, Ontario

Canada, L5G 3S5

Tel:  (905) 274-1022

Cell: (647) 221-3046

Fax: (905) 274-2170

UFI new logo very small

www.urbanforestinnovations.com <http://www.urbanforestinnovations.com/> 

From: CANUFNET [mailto:canufnet-bounces at list.web.net] On Behalf Of Geri
Poisson
Sent: June-05-13 9:48 PM
To: Canadian Urban Forest Network
Subject: Re: [CANUFNET] recent boundary tree decision in Ontario Superior
Court

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 14th Street, North Vancouver, BC  V7M 1H9
Reception: 604.985.7761 | www.cnv.org

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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:  <mailto:canufnet at list.web.net> <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> 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

<Land Mark Tree Ruling Final Press Release 05- 21-13.pdf>

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