A homeowner who had his bamboo tree damaged by a neighbour decided to take the matter to the BC Civil Resolution Tribunal, which ruled in his favour.
According to the homeowner WL, his neighbours SP and DP damaged plants on his property. He initially claimed $3,000 for loss of enjoyment of his property, loss of privacy, and the costs to replace the damaged plants.
The neighbours claimed they only trimmed a few bamboo tree branches that crossed over their property line.
SP and DP also filed a counterclaim, claiming that the bamboo spread onto their property and caused damage. They added that WL damaged their fence by using a soaker hose and attaching a tree to it. They claimed $3,000 in damages.
According to WL, on August 7, 2023, DP used a pole pruner to reach over his fence to cut his bamboo plants and hydrangea. He admitted to the tribunal that it caused him to lose his temper, leading to an altercation where he tied the neighbour’s pruner to a tree. He said DP damaged his boxwood shrub when she entered the property to retrieve the pruner.
WL provided photos to the tribunal, showing bamboo stalks cut just above the fence’s height. WL alleged that the cut bamboo stems were thrown into his yard.
The tribunal said, “I find it most likely that DP cut the tops off WL’s healthy bamboo on his side of the property line.” The tribunal determined that the neighbours cut four of WL’s bamboo plants.
There was also the issue of how much the bamboo plants were cut because, according to expert insights from a gardener submitted to the tribunal, it can be killed if bamboo is cut to ground level.
After reviewing the evidence, the tribunal determined that the bamboo trees had not been cut enough to kill them.
WL said that the bamboo provided shade and privacy and was visually pleasing, but after the incident, it was less pleasant to be in his backyard. While the cut bamboo wasn’t killed, it was cut enough to prevent the bamboo from growing upward, impacting WL’s privacy.
The tribunal determined that $1,000 was a “fair amount of damages” to compensate for the loss of the bamboo. The tribunal also dismissed the neighbours’ counterclaim.
WL was awarded $1,125 in total, including $1,000 in damages and the rest in tribunal fees.
You can read the decision in full, which was posted online here.