A Canadian homeowner took her six neighbours to a small claims court and won Rs 24 lakh ($35,000) in damages after accusing them of cutting trees on her property without permission. As per the legal documents shared by the Provincial Court of British Columbia last month, Jacalyn Hays accused the neighbours of cutting the trees on her property in order to improve their view of Shuswap Lake.
Hays accused six people, William Olthius, Shelly Fenton, Alan Fenton, Elizabeth Fenton, Lee Fenton, and Cheryl Fenton (the defendants), of trimming the tops of her trees to improve their view of the lake. As per the case details, Hays had initially agreed to limited trimming but argued that the work went far beyond what she had approved.
"In July 2021, the defendant, Alan Fenton, asked the claimant [Hays] for permission to trim or top trees on the hillside of her property to improve the defendants' view of the lake. The claimant says she gave express but limited permission to top only small saplings near the top of the hillside, close to the defendants' property line, provided they were no more than three inches in diameter and were topped to no less than six or seven feet in height," the court documents stated.
Hays also laid down the condition that any branches, trunks, or other debris produced during the work had to be disposed of as it could pose a fire hazard. When Hays returned to her property in October, she found that her instructions had not been followed.
"Some saplings over three inches in diameter had been cut, while others had been cut to ground level. She also found trimming debris left on her property, and she and her son spent several hours removing it," the documents added.
When Hays approached one of the accused, Fenton, he said he thought they had permission to cut back whatever they wanted. In one of the conversations that Hays had with Fenton in August 2023 that was recorded, the latter admitted to taking responsibility for the group's actions.
"During the conversation, Alan Fenton said 'It's a f*ckup Jacalyn and I have to take responsibility,'" the documents showed.
Though the accused party objected to the recording, the judge allowed its submission, which later proved a major piece of evidence in the decision going Hays' way.
The British Columbia court ultimately awarded Hays $35,000. The judgment is to be paid in full on or before October 1, 2026, unless the defendants have scheduled a payment hearing.
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