[CANUFNET] Tree Risk Assessment Policies for Municipalities

[Michael Richardson]

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

On 2025-09-11 16:15, Jack Radecki via CANUFNET wrote:

> So if a municipai inspector comes on a property and there is possible 
> danger is he required to report it?
> 
> On Sep 11, 2025 12:28 p.m., Michael Richardson via CANUFNET 
> <canufnet at list.web.net> wrote:
> 
> 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 Common law duty of care superseded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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