Consequences of Illegally Cutting Trees in Vancouver: Heavy Fines Up to 400,000 CAD?

The Consequences of Illegally Cutting Trees in Canada

Killing a tree can result in a heavy fine of 400,000 CAD, as a woman faced imprisonment for poisoning trees. Wealthy Chinese individuals in West Vancouver are selling mansions due to trees.

In a previous video, we discussed the importance of trees when purchasing residential land in Greater Vancouver and shared some related stories. Today, let’s continue to explore stories of financial loss and even imprisonment in British Columbia (BC), Canada, due to illegal tree cutting.

Pruning trees in Canada can be challenging, let alone cutting them down. In BC, especially in the Greater Vancouver area, many neighborhood disputes have arisen over trees.

West Vancouver Case

Last year, a Chinese couple in West Vancouver was sued by their neighbors for unauthorized pruning of trees obstructing the ocean view. After being ordered by the judge to pay nearly 50,000 CAD in compensation, they sold their house and moved. The plaintiffs, Westerners, and the defendants, a Chinese couple, were neighbors in West Vancouver. The Chinese couple, residing in the affluent community of West Vancouver, constructed a new mansion with a private outdoor pool and ocean view. After completing their new home, the Western neighbors became concerned about the privacy of their backyard. In response, they planted eight cedar trees, 25 feet tall, and 20 cedar trees, 20 feet tall.

It’s worth noting that the Western neighbors’ actions may seem excessive, considering the Chinese neighbors had recently built a million-dollar mansion, and ocean views are crucial for property value and enjoyment. Planting dense hedges of 6-8 meters high to obstruct the neighbors’ ocean view might be motivated by envy and retaliation, creating a challenging situation.

The Chinese couple informed the Western neighbors that these trees would interfere with their view and requested permission for pruning, not removal. The Western neighbors rejected the request and asked the Chinese couple not to take any action. However, during the summer when the plaintiffs were away, the Chinese couple proceeded to trim most of the cedars without obtaining permission from the municipal government. They shortened the trees by approximately two to three feet, reducing the height from 20 feet to 18 feet.

The Western neighbors hired a botanist who claimed that the cedars would never grow taller, only wider, after pruning. The Western neighbors argued that due to the Chinese couple’s actions, they experienced significant stress and anxiety, leading to fear of leaving home and concerns for their daughter’s safety during conflicts. It also disrupted the Western neighbors’ retirement plans for the property.

The dispute didn’t end there. The Western couple installed two security cameras on their trees and hired a company to monitor them. The Chinese couple countersued, claiming that the plaintiffs’ boiler emissions caused harassment by releasing smoke towards their property. They also alleged that the Western neighbors installed cameras to monitor their backyard and pool, violating their privacy.

However, the judge dismissed these claims. The Chinese couple was ordered to pay a compensation of 18,175 CAD and an additional punitive damages of 30,000 CAD, plus interest. The Chinese couple was also instructed not to enter the Western neighbors’ property, avoid contact, or interfere with anything on the premises. It seems that the Chinese couple has severed ties with the neighbors, as they sold their house for over 6 million CAD and moved away.

Kelowna Case

Recently, in Kelowna, an inland city in BC, someone went beyond tree cutting and actually poisoned trees. The municipal government stated that once the culprit is found, they could face fines of up to 400,000 CAD. Local authorities discovered several poisoned trees in Kelowna, including a 60-year-old elm tree, which had to be removed at a cost of around 5,000 CAD. In another community in Kelowna, seven trees were poisoned, seemingly targeted at a single poplar tree. However, due to interconnected roots, several nearby trees also died.

These trees were located in areas considered to have water and soft soil. Deciduous trees regulate groundwater, stabilize nearby slopes, and prevent landslides. The municipal government believes the tree poisoning was intentional. According to the city, fines for damaging or removing urban trees can go up to 50,000 CAD per tree. The severity of the punishment for illegally cutting trees is comparable to or even exceeds that of certain criminal offenses.

Vancouver Case

Lastly, let’s share another story about a woman designer in Vancouver who, despite poisoning three trees along the waterfront in downtown Vancouver, managed to avoid imprisonment.

One winter, this female interior designer purchased a unit on the third floor of an apartment building near the waterfront in downtown Vancouver for 1.7 million CAD. One of the main selling points of the apartment was its spectacular ocean view. However, as winter turned to spring, the designer realized that the ocean view was not as unobstructed as she had imagined throughout the year. Trees started to grow leaves, blocking the view. To secretly enhance her apartment’s view, she decided to poison five large trees on the city-owned land in front of her building.

Soon, three of the trees died, attracting the attention of park board staff. A comprehensive crime scene investigation ensued, revealing drill holes at the base of the five trees. Leaves and nearby grass were dying, indicating they had been poisoned. Fluid containing herbicide was extracted and analyzed from several drill holes, and it matched the herbicide found in a US brand banned in Canada.

The news of intentionally poisoning the trees spread throughout the community. A neighbor told the police that he saw the defendant and another man behaving suspiciously near the trees close to midnight one night. The defendant walked along the bike path near the trees, while the man paced back and forth on the bike path.

“I saw the defendant bending down in the area under each tree,” the neighbor said. The woman quickly became the target of hate mail, death threats, and mockery. Some Vancouver news media considered the tree killings on Beach Avenue a significant crime.

Before long, the woman’s balcony became a subject of scrutiny. The woman, then referred to as the “tree assassin,” avoided imprisonment but had to pay 50,000 CAD to replant similar-sized trees and replace others in Stanley Park. Her lawyer stated that after being charged, she had to sell her apartment for 1,695,000 CAD because people were throwing stones and eggs on her balcony, even using dog bags used for cleaning up dog feces. Her balcony had become a target of feces and abuse.

“I think it’s excessive,” the defense lawyer said. “I believe many people would agree with that. It’s a series of criminal offenses, and the woman expresses sincere remorse for her actions. I find myself in a situation I never imagined,” the defendant said. “I was selfishly considering my viewpoint, and now I realize how wrong it is. If I could change the mistakes I made, I would.”

Given the woman’s age and previous behavior, she was not sentenced to prison. Instead, the prosecutor recommended a symbolic fine. She paid nearly 50,000 CAD to the Vancouver Park Board, used to plant a similar number of trees in English Bay and replace others in Stanley Park.

Vancouverites place immense value on the number of trees in public spaces and parks. The tree offender underestimated the importance of trees to Vancouverites. As the woman said in her tree poisoning case, “I had to sell the house I loved because of endless harassment. Now I have a home without a view, my health has been affected, and I have received death threats.”