A BC man sued his neighbour after a tree fell on his house, causing thousands in damage.
Christopher Anderson sued Ian Darby, saying that Darby had damaged his house after he had cut a tree that had fallen on it.
Darby’s defence was that the tree falling was an act of nature and that he wasn’t responsible for it. However, he offered to cover Anderson’s $1,000 deductible and make some repairs, but he suggested that Anderson refused.
Anderson claimed $4,620 for repairs to his home.
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On January 27, 2023, a tree on Darby’s property fell onto Anderson’s house, damaging his roof, gutter, and window. The tribunal interpreted Anderson’s complaint as Darby negligently cutting down the tree. Darby instead says a gust of wind caused the tree to fall.
What Anderson needed to prove his case was to convince the tribunal Darby had breached a standard of care.
Darby says he was pruning the problematic tree on a calm day, but an unexpected gust of wind caused it to lean and eventually fall toward Anderson’s house.
The tribunal says that Darby doesn’t explain the steps he took to ensure the tree would “otherwise fall away” from Anderson’s property.
The evidence submitted to the tribunal shows a clean-cut tree stump rather than an uprooted or cracked tree due to the wind. Darby’s defence was that he cut the tree after it had fallen.
“I prefer the video evidence from Mr. Anderson’s doorbell camera that shows the moment the tree falls,” the tribunal explains.
“In the footage, there appears to be a slight breeze rustling the branches of other background trees, as well as a tarp covering a boat. However, there is no evidence of a wind strong enough to fell a tree the size of the one that comes down.”
Based on this evidence, the tribunal concluded that Darby cut the tree and miscalculated how it would fall.
Darby was ordered to pay Anderson $4,966.61, which included damages for negligence and tribunal fees.