The City of Vancouver said it wasn't liable for the fence damage because it followed its street tree maintenance policy.
B.C.’s Civil Resolution Tribunal has ordered the City of Vancouver to pay up after a resident’s fence was damaged when a tree fell on it.
The city said it wasn’t liable for the fence damage because it followed its street tree maintenance policy and the tree had no outward indicators of decay. Carmody said that on Aug. 16, 2019, and again on March 6, 2020, Gibson’s builder phoned the city to request that the tree be replaced. However, on March 20, 2020, a city certified arborist, Reginald Eddy, replied to Gibson’s builder saying that, based on Lange’s report, the city would not remove the tree.On Dec. 9, 2022, Lange examined the tree and limb and found signs of extensive decay at the failure point and “fungal fruiting bodies” at the tree’s base.“City employee JC observed that the limb had internal decay but no ‘visible outwardly signs of decay or defects,’” Carmody said.
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