A tree fell and broke a family trampoline, and the owner of a home decided to sue the BC city of residence for damages.
John Camarda sued the City of Abbotsford for $5,000 after a tree fell onto his property, damaging his fence and “destroying a trampoline.”
The City denied responsibility.
This is what the BC Civil Resolution Tribunal thought about the busted trampoline.
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November 6, 2022, was a windy day in Abbotsford, especially in the particular wooded area that Camarda lived in.
The wind blew a large tree down that day, landing squarely on Camarda’s trampoline and crushing it and a portion of a fence nearby. He reported the damage to the City of Abbotsford, and the City came out to investigate. However, the City refused to compensate the applicant for the damage that the tree caused.
Camarda’s job in this case was to prove that Abbotsford was negligent, which caused the damage caused by the fallen tree.
The City provided a written statement about its tree management policy. When it comes to urban forestry, Abbotsford takes a reactive approach. It’s not a proactive one, except in some instances.
The City also had a history around the property and showed the court there were no reports or complaints in the year before November 6, 2022.
Camarda suggested that Abbotsford’s tree management policy was inadequate because it didn’t identify the problem tree as a potential hazard.
The BC Civil Resolution Tribunal dismissed Camarda’s claims because there was no evidence of past complaints or incidents.
If you’d like to read about some more tree litigation, click here.