Trees on your Property | Preszler Law Toronto Injury Lawyer

In this video, personal injury lawyer John Philtrum from Preszler Injury Lawyers discusses a dispute in Toronto regarding a centuries-old red oak tree. The tree, potentially the oldest and largest of its kind in Ontario, has raised concerns about safety for nearby residents. Philtrum explains the responsibilities of homeowners under the Occupiers Liability Act, emphasizing the importance of having trees inspected to prevent potential injuries. He also addresses the complexities of liability when a protected tree poses a danger, noting that both the homeowner and the City of Toronto could be held responsible. For further inquiries, viewers are encouraged to reach out to Preszler Injury Lawyers at 1-800-JUSTICE.

Thank you very much, Liam. A centuries-old red oak tree is at the center of a dispute in the City of Toronto. The tree is thought to be between 250 and 350 years old and could be the oldest and largest red oak in Toronto, possibly in all of Ontario. It is located in a neighborhood near Western Road and the 401.

Many people, including City Councillor Giorgio Mammoliti, want to see this tree remain in its current location, even suggesting that the city buy the property and turn it into a park. However, others fear that the tree poses a danger to the property and the residents living nearby. If something were to happen, who would be at fault? Personal injury lawyer John Philtrum from Preszler Law is here to shed some light on that. Good morning.

Good morning to you. I feel like I've lived this story because I used to live in an area with huge old trees, and in fact, I had one in my backyard. We would always have them inspected, and it was deemed fine. However, the day after I had my kids' birthday party, a thousand-pound branch fell in the backyard. It was terrifying, as these trees can cause significant damage.

So, let's start at the beginning, John. If you have these big old trees on your property, it must be incumbent upon you to watch out for them, at the very least. As a homeowner, there is a law called the Occupiers Liability Act that requires you to ensure the safety of your premises when other people are attending the property. When you have a situation like this, with an old tree and visible dead branches, the problem is that the City of Toronto has very strict bylaws regarding trees. If you want to take down a tree of a certain diameter or deal with a tree that is deemed protected, you must go through the city first.

What should a homeowner do if they are looking at a tree and thinking it is dangerous? First and foremost, you need to take active steps. You must contact the city and get their forestry department involved. You need to have them come in and inspect the tree. If you do not take these steps and simply wait for the tree to fall and injure someone, you will likely be held liable as a homeowner for the injuries caused by that tree branch.

That makes sense. It’s my understanding that the homeowner is concerned because the tree is over their kids' bedroom. I had a similar situation where a tree, maybe 250 years old, in our front yard had to be cut down because it was dying. My question here, John, is: let’s say, heaven forbid, in this story, a branch comes down, and the homeowner wants to take the tree down, but the city says potentially they will not allow it. If someone gets hurt, who is responsible?

In those circumstances, you would likely look to the City of Toronto. You would want to understand why they designated the tree as protected and what kind of assessment was made. In this particular case we are discussing, the director of the forestry department has likely gone in to wait for an assessment report on the tree. The city will make a decision based on safety issues, and you would look to that report to see what the city has done to come to that determination. They do not make these decisions lightly; they have a process. As a lawyer, if I were going to sue someone because of an injury in this circumstance, I would definitely be looking at the city, but potentially also the homeowner, to ensure that they have done their due diligence.

How do you determine the dollar amount to sue for if you proceed with a lawsuit?

That is a very involved process. For a personal injury case, it really depends on the type of injury sustained. Many people do not know this, but for pain and suffering damages, the actual value of an injury like that has been capped in Canada. Unlike the United States, where you might receive a million dollars for spilling coffee on your leg, in Canada, the amount is about $350,000, regardless of how serious the injury is, and this amount is adjusted for inflation.

That’s interesting. All right, John Philtrum from Preszler Law, thank you so much. If you have any personal injury questions for John and his team at Preszler, visit our Facebook page at facebook.com/morningshowteo. We are going to take a break, and now here’s a look at traffic.