[CANUFNET] Support for tree protection legal challenge

[Andy Kenney]

Please see the following posting sent the Ontario Urban Forest Council

 


Saving Canada's Urban Forests: Help Protect A Landmark Legal Victory for
Mature, Healthy Trees 

Last summer, a Toronto resident sued her neighbors because they objected to
her cutting down a beautiful, healthy, shared maple tree growing on the
property line. Hilary and Stephen Scharper, both professors at the
University of Toronto, were not consulted by their neighbor and expressed
concern about the ecological impacts of  felling healthy trees.  They were
shocked to learn that their situation was not unusual: every year in cities
across Ontario, thousands of healthy, mature trees growing on property lines
are arbitrarily cut down-often while neighbors are away on vacation or
against their objections. 
 
Despite their efforts to avoid an expensive court case, the neighbor took
them to court. The Scharpers retained Clayton Ruby and saved their maple
tree. Their case also achieved a strong, unprecedented protection for ALL
shared trees in Ontario. According to the landmark ruling by the Ontario
Superior Court, it is now a criminal act to destroy a shared tree without
the consent of a co-owner. Prior to this ruling, thousands of mature trees
were arbitrarily cut down by one owner, leaving the other owner with little
recourse and generating very harmful impacts on the shrinking urban canopies
of many cities.
 
The Scharpers's neighbor has recently filed an Appeal to overturn the
Ruling. A reversal of the Ruling would be devastating for mature, healthy
trees, but support of the Ruling at the Appeal level would create an even
stronger legal precedent for trees not only in Ontario, but also Canada as a
whole. The Scharpers have spent tens of thousands of dollars of their own
money in court fees. They are flat out of money and are asking for help to
defend this unprecedented Pro-Tree Ruling.
 
Please help them raise $35,000 to pay for the legal costs of fighting the
Appeal. The Ruling is so important for trees in Ontario and Canada, and will
impact the future and health of Canadians for generations to come.

$35,000 is: 
350 tree supporters giving $100. . .700 tree supporters $50. . .1400 tree
supporters giving $25. . .
 
Donations can be made at:
http://www.indiegogo.com/projects/help-protect-a-landmark-legal-victory-for-
trees-in-canada/x/3738849
 
or by contacting Hilary Scharper: hilary.scharper at gmail.com
 
Thank you for your help! Please share this link with your networks.

For more information on the Scharpers's case see the Globe and Mail article:

http://www.theglobeandmail.com/news/national/one-tree-two-neighbours-and-a-c
hanged-legal-landscape/article12698935/
<http://www.theglobeandmail.com/news/national/one-tree-two-neighbours-and-a-
changed-legal-landscape/article12698935/>   





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