"Palm Daddy" tree seller taken to Canadian court after three trees die

Mar 14 2023, 8:06 pm

A BC resident took a businessman known as the Palm Daddy to court over trees that didn’t fare well.

Haval Barwari brought the case to the BC Civil Resolution Tribunal against Alexander Burns, who runs his business as Palm Daddy.

This court dispute focuses on the sale of three palm trees, which Barwari purchased from Palm Daddy. Barwari said the trees died several months later because he claimed “they were deficient” and Burns planted them incorrectly.

Barwari sought a refund of $4,500, while Burns denied liability.

Posts on the Palm Daddy Instagram account hail it as Vancouver Island’s only full-service palm tree wholesaler, offering sales, delivery and tree planting service.

According to the case document, Burns agreed to supply and plant three “windmill palm trees,” which measured eight feet in height. In addition, Barwari agreed to pay a fixed price of $4,500.

Regarding cancellations or refunds, no terms were discussed between the two parties.

The trees were planted in late August of 2021, but all three trees died in the winter of 2021.

“I find this supported by Mr. Barwari’s pictures of 3 stumps. I find that they likely died, and after this Mr. Barwari cut them,” said tribunal member David Jiang.

The burden of proof was on Barwari to prove that the trees were deficient. Burns suggested that improper care is what caused the palm trees to die. Barwari claimed he spoke to arborists and other palm tree suppliers about the issues, but this only amounted to hearsay evidence. Barwari also claimed that the trees weren’t adequately protected during transport, but he couldn’t back this up with evidence.

The terms of the sale suggested that planting costs included ground preparation, fertilizer and bonemeal. However, it was undisputed that Burns did not actually use fertilizer or bonemeal as specified. This was reason enough for Jiang to state that the agreement had been breached but not enough to suggest this was the reason the trees died.

Ultimately, Burns was ordered to pay $100 for breaching the agreement and $87.50 in CRT fees.

Let this be a lesson to take better care of your palm trees.

Amir AliAmir Ali

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