BC homeowner speaks out over tree fight with city

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An Abbotsford resident is still picking up the pieces, literally, after trees crashed onto his property, damaging a fence and destroying his son’s trampoline.

John Camarda took the City of Abbotsford to court after the incident, believing that the City owed him some compensation.

However, he lost a decision via the BC Civil Resolution Tribunal.

“Unfortunately, my family continues to be unfairly treated for the last one and a half years by the City of Abbotsford,” he said.

Camarda reached out to Daily Hive to share more of the story that he feels the tribunal didn’t consider and why he believes he’s faced an injustice from the City.

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His story begins on November 6, 2022, when the wind blew a large tree down, landed squarely on his trampoline, and crushed a nearby fence.

The now-destroyed trampoline was a joy for his autistic son. The tree rendered it barely recognizable.

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The tribunal felt that Abbotsford wasn’t responsible since it takes a reactive approach to its obligation to urban forestry. Abbotsford will respond to complaints and reports, but it doesn’t do proactive maintenance or assessment in areas like around Camarda’s property.

“We’ve only been there for about two and a half years or so,” Camarda recalled.

Camarda remembered the time before he purchased the Abbotsford property when viewing it.

“My oldest son is autistic. I saw that my son was playing in the backyard and really enjoying it, and I had never seen that before, so I made it a point to buy that property.”

He had to buy a chainsaw for a few hundred dollars to help clean up the mess the tree had left behind. He also lost several hundred dollars as a result of the destroyed trampoline. Camarda’s suggestion that another tree fell in November 2023 didn’t warrant much sympathy from the tribunal or the City of Abbotsford.

“Nothing in this decision prevents the applicant from starting a new CRT dispute about any damage from the second tree,” the tribunal decision stated.

However, Camarda, like many in BC and Canada, isn’t necessarily wealthy and can’t afford the legal costs nor the time to embark on another civil dispute.

“We’re not rich. We’re just a normal family.”

Slow to respond

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Camarda says that he had to wait a long time for the City to come out to inspect the damage and that BC Hydro first responded to the situation.

“They still haven’t even removed the trees. They’re still there.”

He claims he told the City to please cut down the trees because they’re unhealthy, but they never did that.

“The City is just sitting on their hands month after month,” Camarda said in frustration.

Camarda points to an arborist report which suggested that the problem trees were diseased. The trees that came down were enormous, as made evident by the damage it caused to the trampoline, and he asserts that no healthy tree would’ve been dismantled by the wind the way these trees were.

In hindsight, Camarda is thankful that his son wasn’t playing on the trampoline when the tree came crashing down.

What about the second tree?

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Camarda heard from the City of Abbotsford about the second tree that damaged a separate section of his fence. He was hopeful that the City would’ve taken action or taken responsibility due to the second tree falling since they were now aware of the situation as part of their reactive approach.

He didn’t like what he heard.

“We regret to inform you that the City is unable to accept liability in the circumstances,” Abbotsford states.

Abbotsford provided several reasons for it.

An email from Abbotsford to Camarda states, “The tree failure occurred while southwest winds were gusting up to approximately 50 km/h.”

The City’s statement admits that the second tree had a weakened structure due to a “fungal pathogen.”

Here’s how the City excused itself.

“This fungal pathogen would not have been easily visible during a level 1 assessment.”

We did attempt to reach out to the City of Abbotsford for a response to Camarda’s concerns. However, the City told Daily Hive it doesn’t comment on legal matters.

“While we regret the inconvenience you have experienced and the loss you have incurred, the City is committed to the principle that settlements must be fair and reasonable. Claims made against the City are not paid unless, in the opinion of legal counsel, there is a liability exposure. While this may not be the answer you desired, we hope this letter conveys the rationale for our decision,” Abbotsford concluded.

For Camarda, this results in more questions than answers.

“It’s very hard and frustrating when you are up against the government as they have vast resources to try and get out of situations they definitely should be responsible for,” he said.