Can a municipality be held liable in nuisance where tree limbs fall and damage a neighbour's trampoline?
British Columbia, Canada
The following excerpt is from Gusek v. City of Victoria, 2020 BCCRT 962 (CanLII):
20. In Plaxton v. City of Delta, 2018 BCCRT 570, a CRT member found the municipality liable in nuisance where tree limbs fell and damaged the neighbouring applicant’s trampoline. The CRT member found the city failed to take sufficient steps to deal with the tree after receiving complaints that it was a hazard.
21. In Reynolds v. Delta municipality/corporation, 2018 BCCRT 381, a CRT Vice Chair found the municipality liable in nuisance for tree limbs that fell from its “healthy” trees and damaged the neighbouring applicant’s pool lining. The Vice Chair found the municipality had done nothing to stop the nuisance after it ought to have known of the potential hazard.
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