[CANUFNET] Boundary Trees

[Julian Dunster]

Hartley was an unfortunate decision as it clarified nothing of use and 
created a mess. The rest of Canada has largely ignored it in bylaws and 
case law. The rest of the world typically works with the base of the 
tree and the boundary line.

The messiness of Hartley and the silliness that results from it, is 
illustrated in Trees and The Law in Canada.

Yours sincerely,

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

www.dunster.ca		www.treelaw.info		North American distributor for Rinntechwww.rinntech.info

On Wed/2/21/2024 12:52 PM, Alison Bond via CANUFNET wrote:
>
> Hello Canufnet:
>
> We’ve provided advice to our clients in the past about what would 
> constitute a boundary tree in Ontario, based on the Hartley vs. 
> Cunningham case (2013.)  It seems that most municipalities use this 
> interpretation  (i.e., if any portion of the trunk up to the first 
> branch crosses a vertical projection of the property boundary, then it 
> is a boundary tree.)
>
> As it has been more than 10 years since that case, I am wondering 
> whether this has been successfully challenged or whether this is still 
> the accepted definition? I am asking mainly to ensure that we are 
> giving our clients correct information.
>
> Thank you.
>
> Regards,
>
> Alison
>
> Alison Bond *BSc MSc BLA OALA CSLA*
>
> *Landscape Architect and Certified Arborist*
>
> *ENVISION-TATHAM Inc.*
>
> 115 Sandford Fleming Drive, Suite 200, Collingwood, ON  L9Y 5A6
>
> abond at envision-tatham.com <mailto:abond at envision-tatham.com> I Tel: 
> 705.445.0422 <tel:7054450422> I Fax: 705.444.2327 <tel:7054442327> I 
> Cell: 705.994.2059 <tel:7059942059> I www.envision-tatham.com 
> <http://www.envision-tatham.com/>
>
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