[CANUFNET] Trees and the Law in Canada. Where to Measure Boundary Trees to Determine Ownership

[Michael Richardson]

I have to disagree that the Hartley v. Cunningham & Scharper case is
precedent setting.

1) The Forestry Act was never intended for use in the Urban Forest, let
alone an urbanized landscape.

2) both parties stipulated to the Forestry Act being the correct
legislation and as such the Forestry act was not tested in court

3) Precedent is not simply set by winning a case.  In common law, prior
cases can be used to inform an argument and decision but precedent is set
in higher courts (such as the Supreme Court of Canada)

4) Common law has suggested that property on property lines is jointly owned.

Suggesting that a court win sets precedent is probably better left to
lawyers, judges, and law scholars and is likely something that the
arborist should not be stating.

Julian Dunster has posted a number of articles that show boundary trees
are subject to concepts of common law that go back hundreds of years. or
more and recent cases have not changed that.



> As I recall from the precedent setting case on Humewood Avenue that Philip
> Van Wassenaer and I  co-represented, the judge agreed that if any part of
> the main trunk (up to the main crotch or first scaffold limb) intersected
> the property line, then it would become a co-owned tree. Does that fit
> your profile? This was initially taken from the Forestry Act.
>
>
>
> Best Jack Radecki
>
>
>
> From: CANUFNET <canufnet-bounces at list.web.net> On Behalf Of Julian Dunster
> via CANUFNET
> Sent: March 24, 2021 11:00 AM
> To: canufnet at list.web.net
> Cc: Julian Dunster <jd at dunster.ca>
> Subject: [CANUFNET] Trees and the Law in Canada. Where to Measure Boundary
> Trees to Determine Ownership
>
>
>
>
>
> My latest article, extracted from the book, is now published in the
> Lawyer's Daily.
>
>
>
> Available for download here: https://dunster.ca/home/articles/
>
> --
>
> 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,
> ISA Tree Risk Assessment Qualified
> Honourary Life Member ISA + PNWISA
>
> North American distributor for Rinntech
> www.dunster.ca <http://www.dunster.ca>
> www.treelaw.info <http://www.treelaw.info>
> www.rinntech.info <http://www.rinntech.info>
>