A new case from the Ontario Superior Court has ruled that the
costs associated with pruning and maintaining trees growing on
property lines should be shared between owners of neighbouring
properties, and municipalities must take this principle into
account in issuing maintenance orders against homeowners.
In Laciak v. Toronto (City), 2014 CarswellOnt 2369, Himel J. set
aside an order issued by the City of Toronto when it was only
issued against the property owner on whose property the majority of
the tree was growing.
The City had received a complaint about a large Carolina Poplar
in a residential backyard in Toronto's High Park neighbourhood.
The arborist who attended the property found that approximately 30%
of the tree was dead or decaying, and that it posed a potential
hazard. As a result, a property standards officer issued a
maintenance order under the Building Code Act.
