Is there a duty of care or obligation of care to protect a particular structure or object?

I understand the plaintiff’s argument that the “Chilling Tree” was sufficiently unique in its shape that it warranted special attention relative to other structures or objects including, of course, trees. In this regard, I was appropriately referred to the decision of Byers, J. in the case of Ricard v. Trenton (City), and reported at [2000] O.J. No. 4700. While dismissing a claim brought against a municipality in respect of the death of a child who had been tree-climbing, His Honour, in obiter, stated that: “It may well be that, on occasion, certain trees by their nature, or by their locations, become a haven for tree climbers. And, should that occur, it might well be that a duty to do something applies.”