[CANUFNET] Tree Risk Assessment Policies for Municipalities

[Michael Richardson]

In Ontario the primary legislated duty is found under the Occupiers' 
Liability Act R.S.O. 1990, Chapter O.2.

Sec.

Common law duty of care superseded

2 Subject to section 9, this Act applies in place of the rules of the 
common law that determine the care that the occupier of premises at 
common law is required to show for the purpose of determining the 
occupier's liability in law in respect of dangers to persons entering on 
the premises or the property brought on the premises by those persons.  
R.S.O. 1990, c. O.2, s. 2.

Occupier's duty

3 (1) An occupier of premises owes a duty to take such care as in all 
the circumstances of the case is reasonable to see that persons entering 
on the premises, and the property brought on the premises by those 
persons are reasonably safe while on the premises.

Note that it says on the premises, it does not mention off the premises, 
but caused by something arising from the premises.  This might be looked 
for in Common Law case rulings.

As always Julian Dunster's books are a great starting place to research.

On 2025-09-10 07:37, jackandali--- via CANUFNET wrote:

> A mandate was given at the coroner's inquest in 2005 towards the 
> development of Tree Risk Assessment Policies as a result of the 
> unfortunate child death on an educational trail at the Royal Botanical 
> Gardens. At that time, I was retained by the coroner. This mandate was 
> for municipalities, conservation authorities, parks and institutions 
> managing large populations of trees. I would like to know in the case 
> of municipalities how private trees targeting public lands are being 
> evaluated and monitored?  Sadly, I am in the middle of this now.
> Secondly, I would appreciate any opinions on what the average homeowner 
> is expected or should know about trees at risk on their properties. I 
> do know about Property Standards ans associated bylaws.
> 
> Jack Radecki R.C.A. 342
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