39 replies to this topic

[Nparker]

And sanity prevails: Friends of

This part made me laugh:

"Several neighbours showed up Sunday evening to light candles and say farewell to the tree..."

Would it not be a weird irony if these vigil candles somehow managed to ignite the tree and it burned to "death" before it is cut down?

[LocalMom]

And I do hope Saanich sticks to its guns and makes those responsible pay for its legal fees... Love how the homeowners that should be/will be paying the legal fees attempt to get sympathy saying they won't be able to donate to their usual charities because of this... Grrr...

[G-Man]

I don't know that I agree. If it had been the neighbours that had launched the court fight then it may have been warranted but it was Saanich.

While I am generally opposed silly nimbyism and agreed with the muni that the tree should come down, there is something here about stifling protest and free speech that makes me uneasy.

As far as I am aware the Occupy protesters did not have to cover any of the CoV legal bills for their protest and generally that does not happen even when an injunction is sought to remove people.

I would hate to see legitimate protest not going ahead because of fear of lawsuit.

While I don't know the full extent of this if it is as simple as laid out in the TC (doubtful) I could see a Charter challenge.

[LocalMom]

But the only reason Saanich had to go to court is because of these NIMBYs! And Saanich won, the neighbours lost.

[G-Man]

I am thinking about the precedent. What if they were bulldozing a heritage building?

[phx]

I am thinking about the precedent. What if they were bulldozing a heritage building?

You could protest without lying down in front of the bulldozer.

[G-Man]

Perhaps. It just seems liked an overreaction and trust me I never side with NIMBYS. Did the Bear Mountain protesters get a bill?

[VicHockeyFan]

The protesters were long-time Saanich residents that either knew how the parks department operated, or ought to have known, by the time they protested. The Parks Department was conducting business as they always had, all the time these residents were living in Saanich and electing the council every three years.

I'm going to suggest that most Saanich residents are happy to get the legal fees back. It was clear Saanich was not going to be able to safely take down that tree without an injunction.

[Bingo]

I suppose the residents are already examining the stump for pack rust.

[goke]

Saanich limbed and felled some big old Arbutus at Ash and Torquay recently with no fanfare. Lots of local retirees fighting over the firewood though!

[Kikadee]

I don't know that I agree. If it had been the neighbours that had launched the court fight then it may have been warranted but it was Saanich.

If you read the Saanich News article from 18 October 2012 (cited in another reply below) you'll see that Saanich just beat the protestors to the punch:

"On Oct. 4, prior to any legal action from the municipality, Cowper-Smith sent a letter to Saanich threatening to file an injunction against the District of Saanich if the latest deadline for the tree removal – the following Tuesday, Oct. 9 – wasn’t extended . . . . Cowper-Smith was preparing the necessary court documents to sue the District of Saanich."


Cowper-Smith accuses the municipality of being "underhanded":


'We are most upset that Saanich is treating us with such disregard,' Cowper-Smith said. 'That having been notified of our intention to go for an injunction, they underhandedly tried to prevent us from justice by trying to cut down the tree before I could appear before a judge.'


Thing is, the judge still would have agreed with Saanich, looks like.

[Szeven]

With the way that Italian earthquake story went recently, putting scientists who said there wasnt a big risk of an imminent earthquake in jail, I guess now people have to be careful that if they say the tree should stay and it falls, they are going to jail??!?!

[G-Man]

If you read the Saanich News article from 18 October 2012 (cited in another reply below) you'll see that Saanich just beat the protestors to the punch:

"On Oct. 4, prior to any legal action from the municipality, Cowper-Smith sent a letter to Saanich threatening to file an injunction against the District of Saanich if the latest deadline for the tree removal – the following Tuesday, Oct. 9 – wasn’t extended . . . . Cowper-Smith was preparing the necessary court documents to sue the District of Saanich."


Cowper-Smith accuses the municipality of being "underhanded":


'We are most upset that Saanich is treating us with such disregard,' Cowper-Smith said. 'That having been notified of our intention to go for an injunction, they underhandedly tried to prevent us from justice by trying to cut down the tree before I could appear before a judge.'


Thing is, the judge still would have agreed with Saanich, looks like.

That does put it in a different light. Thank you!

[VicHockeyFan]

Cadboro cell-tower plan:

http://main.cadbayuc...731140136718750



That was the protest today. I think the church congregation voted to not accept the proposal today. I'm just looking at that telephone pole there, is it not possible to place antennas on top of them, even maybe sticking up another 6 feet? Seems to me we already have that infrastructure in place.

[sebberry]

Maybe they should put up a real tower, not turn it on and see if people complain about being cooked from the inside out. (Like this)

[phx]

I suppose the residents are already examining the stump for pack rust.

I'm not a resident, but did examine the stump last fall. There was no sign of rot.

[Bingo]

Cadboro cell-tower plan:

http://main.cadbayuc...731140136718750

Seems to me we already have that infrastructure in place.

I wonder if they stick some more stuff on the UVIC stadium would work?

[James Bay walker]

Originally Posted by Times Colonist A Saanich man fractured his skull, broke his hip and arm and has possible brain and spinal injuries after being struck by a falling tree near Beaver Lake on Saturday.
Read more: Saanich man has serious injuries after being hit by falling tree

OMG! I'll be wearing my helmet when out walking on windy days from now on as a skull fracture is serious business. I like trees, but I'm in the dark as to how much trees like me.

Heck! I didn't even know they could write/talk!! If they can read and disagreed with my posts, maybe one of them would like to fall on me? Better safe than sorry.

jbw

editted to add: And, since the issue's been made public, should the tree actually fall onto property I'd expect the insurance company to say, well, you should have known better (either to have fixed the tree / removed it, or moved your house out of the way of this known hazard). Hmm, would 'guy wires' predisposing a falling tree to hit the street instead of the house, likely be effective? Anyone know? (Probably cheaper than moving a house.)

ps. Plug for Nickel Bros. house moving (I've seen them around town, and never even suspected this was a possible reason for their moving houses out of an area).

[Bingo]

Falling trees might be "an act of God". Yes/No?

http://realestate.fi...utes-trees.html

[James Bay walker]

Falling trees might be "an act of God". Yes/No?

http://realestate.fi...utes-trees.html

I'm confident it's a Common Law principle that you can trim any portion of trees / bushes overhanging your property (it would be courteous to suggest the tree's owner do this instead, but I'd not wait for them indefinitely).

And as to damage from a neighbour's tree, I see it as an Act of God if it's a healthy tree / tree branch; and, the neighbour's fault if it's a sickly/diseased tree (bit of a boon for consulting arborists who are called in to adjudicate the issue / conduct an autopsy or would that be tree-opsy?).

jbw