Compensation for damage caused by municipally owned tree denied

A south Chatham resident is trying to get compensation and action taken after a large tree branch fell during an ice storm and ripped down the power line connected to his home.

“It feels like an earthquake,” said Shiv Gajiwala, who was working at his Jasper Avenue home when the power line and meter on his home were damaged during the ice storm on Feb. 23.

The tree that caused the damage is on municipal property in his next-door neighbour’s yard.

Gajiwala tried to make a claim for $2,340 in damages, but has learned the municipality doesn’t have any liability.

Chatham-Kent’s director of legal services, David Taylor said he can’t speak to specific claims.

But he noted if a tree or tree branch falls due an ice storm or wind storm, “that’s unforeseeable and it’s not because of the tree being unhealthy, it’s because of extreme weather.”

He added it is common even to see healthy branches down due to these types of weather events.

“It’s not a lack of maintenance issue,” Taylor said. “The law doesn’t then provide that the municipality is liable in that situation.”

Gajiwala also requested the municipality send a crew to do some trimming on the massive silver maple that still has branches hanging over the power line connected to his home.

He is concerned about damage being caused again if a storm takes down another branch.

Gajiwala said he was told by the municipality an arborist inspected the tree and didn’t see the need to do any trimming.

Keera Ruscica, who owns the home where the large tree is located, said she had three arborists look at the tree since the ice storm and all three agreed the tree is healthy, but should have some branches cut back.

“It is a healthy tree, but it does impede on wires,” she said. “It should be cut, absolutely.”

Ruscica said she had a limb fall in front of her while she was mowing the lawn.

“So, even though these arborists and tree specialists are telling me it’s a healthy tree, you can’t predict when a limb is going to fall.”

Dennis Chepeka, a public works manager, said he is contacting one of the arborists who provided an assessment to Ruscica to consult with the municipal arborist.

He said this type of consultation has happened on occasion to verify or dispute an assessment with the goal of reaching a resolution.

Taylor said trees are inspected and only removed if unhealthy. The municipality will respond to specific complaints and concerns from citizens, he said.

“But, the first principle is, we try to preserve tree canopy as much as possible, because trees are obviously important to our communities,” Taylor said.

He added that is particularly the case with urban trees.