Rockfish

There was a big tree sit beside my driveway. It was on Saanich public area in front of my neighbour's property. The tree caused my driveway serious damage so I called Saanich to cut the tree. Right now, the tree was cut by Saanich park department. However, they refused my claim for the damage of my driveway. The reason of refusion my claim was:

"With regard to your claim for damage, we have confirmed that the District of Saanich didn't plant these trees and so cannot be said to have caused the nuisance in this instance. As such the Municipality woould not be considered legally liable for the resulting damage to your driveway and drains, and your claim against the District of Saanich is therefore denied."


I can't understand their reason for refusion of claim and have questions below.

1. If District of Saanich didn't plant these trees, why did they cut these trees at their cost?

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?

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


If anyone can give me some suggestions, your help will be much appreciated.

Thank you so much

Rockfish

引用:

原帖由 freedom_2008 于 2012-2-20 17:06 发表


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 ...

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?

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 words, I am the most unlucky person as my property was damaged and nobody would be responsible for these damage.

3. What do you mean "Fat chance" for your answer to questions 3 above?

Thank you!

Rockfish

引用:

原帖由 freedom_2008 于 2012-2-20 17:06 发表


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 ...

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 for your time.

Rockfish

Thans again. However, the reason seems limpingly. Here is a similar example, if someone drove and hit a passenger by accident, he didn't notice that so he kept driving. Then police caught him. Can he say "I didn't know I hit a passenger so it was not my responsibilities for this accident, and I would be responsible from now on"?

Rockfish

Thank you so much for your time and suggestions. I will do my best to find out the best results.

Rockfish

引用:

原帖由 freedom_2008 于 2012-2-21 13:34 发表
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 ol ...

1) All the houses in the neighbour are around 30-40 years old.  Counting the rings on the tree stumps is USELESS. If the counting of the rings on the tree stump is more than 100, then Saanich said it was planted before Saanich founded. If the counting of the rings on the tree stump is less then 100, then Saannich would say they didn't plant it either. They don't want to show you the report even if it was them to plant the trees.  

2) These trees on Saanich property cuased the damage of my driveway. Isn't this a solid reason to claim for my loss? You can't say you live in Saanich area so Saanich wouldn't pay for my loss...

Rockfish

I agreed with your point and thanks for your help.
All the houses in my neighbour are around 30-40 years old. However, these tree are more than 3 stories heigh so they were planted before all of these houses built for sure. I believe neither my neighbours nor I planted these trees. There is NO reason for Saanich that they just cut these trees and remove the stumps of the tree on their land WITHOUT pay the damage to my driveway by their trees.

Rockfish

Sorry for that I type Chinese a bit slow so it is easier for me to type in English.

Rockfish

I will ask my insurance company to see if they cover the damage of my driveway. Thx