Case Review: Don't cut your neighbour's trees (Minicucci v Lui)
On August 20, 2021, the BC Supreme Court released judgment in Minicucci v Lui, 2021 BCSC 1640. The lesson? Do not trim the trees of your neighbour without permission!
The Court awarded the plaintiff $17,000.00 in general damages (based on loss of amenity and loss of privacy), $1,175.06 in special damages (cost for an arborist assessment and report) and $30,000.00 in punitive damages (typically reserved for egregious behaviour - in this case, the reckless or deliberate trespass involving the removal of trees) as well as an injunction against the defendants. All of those resulted from the defendants' decision to trim cedar trees on the plaintiff's property without consent/permission.
Travis Sippel and John Bradbury of Bradbury Sippel Law Corporation are based in Nanaimo, British Columbia and offer litigation services across British Columbia and Canada.