"Reckless" Canadian woman fined $150K for cutting neighbour's hedge

A recent lawsuit shows a BC resident has been ordered to pay a massive fine after being filmed cutting down her neighbour’s hedge with a chainsaw on several occasions, despite even the police telling her not to.

That’s according to a Supreme Court decision posted this week online, which showed the fight over the damage caused to the neighbour’s cedar hedge.

In it, the defendant, Sukhwinder Kaur Khatar, did not appear at the hearing and did not present a sufficient defence for her case, according to the judge.

On several occasions in 2021, she apparently broke into the yard armed with a chainsaw. By the end of it, she’s alleged to have cut approximately 75 trees, which had been about 15 feet tall, trimming them down to about five feet each.

The two properties were separated by a chain link fence with the cedar trees located on the plaintiff’s side.

“Despite repeated warnings, the defendant continued trespassing and continued cutting cedar trees. On December 20, 2021, the defendant appears to have trespassed onto the plaintiff’s property and also cut a portion of the chain link fence separating the two properties,” wrote Francis.

Despite a warning from an RCMP constable on September 29, 2021, the defendant continued to damage her neighbour’s trees, the decision reads.

“Approximately 30 minutes after the constable left, the defendant re‑entered the plaintiff’s property and continued to damage the plaintiff’s cedar trees in direct contravention of the warning of the police, not to mention the repeated warnings given by the plaintiff,” wrote the judge.

The plaintiff valued the cedar tree hedge, which provided a complete privacy screen between the two properties.

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Damages:

An inspection by a certified arborist revealed that the cost to plant the replacement trees, install a fence, and perform the necessary turf repairs was $59,915.73.

The owners were asking for $1,000 per tree damaged, amounting to $75,000, for loss of amenity and loss of privacy and enjoyment. However, the judge found $50,000 as a more adequate figure. An additional $3.575 in special damages was fined for hiring the professional arborist.

The judge agreed with the plaintiff’s plea to seek punitive damages, which she assessed to be $35,000.

In total, $150,000 in fines.

“The defendant’s conduct was reckless, high‑handed, and is without question deserving of punitive damages. Such reckless disregard for the property rights of others ought to be discouraged for reasons of denunciation and deterrence,” wrote Francis

Francis also placed a restraining order against Khatar in connection with the plaintiff’s property.