3 weeks ago
Canadian Homeowner Wins $35,000 Case Over Unauthorized Tree Cutting
Jacalyn Hays owned land near Shuswap Lake in Canada.
Six neighbours wanted a better view of the lake.
Hays said they could trim only small trees in a limited way.
She later found that some larger trees had been cut down too far.
Tree branches and other debris were also left on her property.
Hays took the neighbours to court.
A judge accepted a recording in which one neighbour took responsibility for what happened.
The judge ordered the neighbours to pay Hays $35,000.
Jacalyn Hays sued six neighbours in British Columbia over trees cut on her property.
Hays had permitted limited trimming of small saplings, but said the work exceeded that permission.
The court heard that some trees were larger than allowed, cut to ground level, and left debris behind.
A recorded conversation in which Alan Fenton accepted responsibility was admitted as evidence.
The court awarded Hays $35,000, payable by October 1, 2026, unless a payment hearing is scheduled.
- Who
- Canadian homeowner Jacalyn Hays and six neighbours: William Olthius, Shelly Fenton, Alan Fenton, Elizabeth Fenton, Lee Fenton, and Cheryl Fenton.
- What
- A British Columbia court awarded Hays $35,000 over unauthorized or excessive tree cutting on her property.
- Where
- Hays's property near Shuswap Lake in British Columbia, Canada.
- When
- The limited permission was discussed in July 2021; Hays discovered the cutting in October, and a key conversation occurred in August 2023. Payment is due by October 1, 2026, unless a payment hearing is scheduled.
- Why
- Hays said the neighbours cut or trimmed trees to improve their view of the lake and exceeded the limited permission she had given.
Homeowner's Position
Neighbours' Position
Scope of permission
Homeowner's Position
Hays said she gave limited permission to trim only small saplings near the property line and claimed the neighbours went beyond those instructions.
Neighbours' Position
Alan Fenton said he believed the group had permission to cut back whatever they wanted.
Responsibility for the work
Homeowner's Position
Hays argued that the neighbours were responsible for cutting trees larger than allowed, cutting some to ground level, and leaving debris on her property.
Neighbours' Position
The defendants objected to the recorded conversation used in the case, although the judge allowed it as evidence; the article does not provide a fuller defence.
Court outcome
Homeowner's Position
Hays prevailed and was awarded $35,000 in damages.
Neighbours' Position
The defendants must pay the award by the stated deadline unless they schedule a payment hearing.
Key facts
- Award
- $35,000, described in the report as approximately Rs 24 lakh
- Court
- Provincial Court of British Columbia
- Claimant
- Jacalyn Hays
- Defendants
- Six neighbours, including Alan Fenton
- Original permission
- To top small saplings no more than three inches in diameter, leaving them six or seven feet high
- Additional condition
- Branches, trunks, and debris had to be removed because they could pose a fire hazard
- Payment deadline
- October 1, 2026, unless the defendants schedule a payment hearing
Quotes
Alan Fenton
One of the neighbours accused of cutting trees on Hays’s property
“It's a f*ckup Jacalyn and I have to take responsibility”
NDTV
Sources
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