freedom_2008

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原帖由 Rockfish 于 2012-2-20 14:25 发表
1. If District of Saanich didn't plant these trees, why did they cut these trees at their cost?

While as it was already on their land,  no one else could touch it without permission from Saanich; and if it cause any harm when it break or fall (due to its health, not by storm (as healthy tree falls due to storm is "an act by God" and no one would be resposible)), Saanich would be responsible.  So it is cheaper to remove it now than risking damage claim later, for Saanich.

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2. These trees were on Saanich public area in front of my neighbour's property. My neighbour didn't plant these trees either. So who will be responsible for the damage of my driveway?

The person who planted it would be resposible, but you have to find him/her, and prove it.  If that was easy, I am sure that Saanich will do the same and charge the person the removal fee as well.  But if the tree came by itself, then, that was an act by "God" (i.e. the nature),  there is nothing you or anyone else can do.

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3. Are there any other legal resources I can pursue to get some reasonable compensation?  

Fat chance.

freedom_2008

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原帖由 Rockfish 于 2012-2-20 21:32 发表
Thanks for your time to answer my questions. I still have questions here.
1. In your explaination , Saanich wouldn't be responsible for removing the stump of the trees since the stump wouldn't break or fall down, right? However, they are planing to remove the stump in the near future, how would you explain for this?

While, someone might trip over the stump and fall (just kidding ) 。 Did you ask them to remove the stump?  If you never did, they might do it., but most likely wouldn't do it at all.

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2. The trees are about 3 stories high and I believe they were planted more than 100 years ago. So who know who planted these trees. In other world, I am the most unluck person as my property was damaged and nobody would be responsible for these damage.

How old are yours and your neighbors' houses?  If your street and neighborhood are less than 100 years old, than the tree was likely a product of the nature, not by human.  If that is the case, although I am sorry for your loss, but it is us, the human, who took their (forest) land, put houses and roads and driveways over their roots, and took them down, as we have been doing in the past 150 years in great Victoria area .  So the real true victim is the tree, IMHO.

freedom_2008

Thanks., 林老师（不过中文更难，各有自千秋）。 I first learned the phrase from Humphrey Bogart story; when someone told him that while he was away, they found an actress with the same style just like him, he replied: Fat chance.  Of course he was wrong, that actress was Lauren Bacall, who became his last wife later. Nice couple.

freedom_2008

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原帖由 Rockfish 于 2012-2-21 09:42 发表


I still couldn't understand this. Even though these trees break or fall, Saanich still can say they didn't plant these trees so it is not their responsibilities for any damage. right? Many thanks  ...

You are welcome.  I would think that it is not their responsibility before they were notified (as they didn't know).  But after they were notified,  they would be responsible for what would happen afterward.

freedom_2008

Of course he is responsible, but in this case, it would be charged as "careless driving causing death and failed to stop at the scene", rather than murder or manslaughter, if the accident was caused by the driver. If the accident was not driver's fault, then it would be a real accident, the driver would be just "failed to stop at the scene". But it is very different from the tree case, though.

If you really want to find out, maybe you could check with UVic Law dept.  They seems to have some free legal aid run by students there.  Or if you are very concerned, the best way would be to get a lawyer.

freedom_2008

The Municipality of Saanich was incorporated on March 1, 1906, and they probably didn't start plant any trees some years after that.  So you can try to count the rings on the tree stump, to see how old it is.  If it is older, of course they didn't plant it, and good luck to find someone who is over 100 years old  

BTW, Sannich money is from all of us living in Saanich, via our property tax and other taxes and fees.  I live in saanich, I am okay to pay for the city roads, but without a solid good reason, why should I pay for some else driveway?  If Saanich pays for all the requests, our property tax may have to increase another 10% or more to cover all the cost.

freedom_2008

Sounds like the tree was already there when your house was built, regardless if the tree was planted or just grew by itself (as many of the tree here).  Then why don't you try to find out who designed and built the house, and find out why they put the driveway over the tree's root system?  If the tree was already there, the builder should have avoided its roots when they built the house.  So it is more a builder's problem than the city.  Also when you bought your house, the house inspector should have told you the issue then and you should have checked with the city then to decide to buy it or not.

"I" as myself is nobody, but "I" as any Sannich resident, probably would feel the same about not over spending tax payers' money.  If you can find a valid legal reason to blame Sannich, not the builder, for a tree that was 50 years older than your driveway,  then we will pay; otherwise, we don't.  It is that simple.