What are the factors used to determine whether a plaintiff has a right to prevent the cutting of their own trees?
British Columbia, Canada
The following excerpt is from Rowe v. Thomson, 2011 BCSC 430 (CanLII):
The factors to be considered were addressed in Ursel v. Jenkins, [1988] B.C.J. No. 1277 (Q.L.) (B.C.S.C.) as: whether the defendant sought permission; whether the defendant cut more trees than were necessary; whether the trees posed a danger; the character of the lot and whether it had been changed by the cutting of the trees; whether the plaintiffs acted reasonably; and whether the defendants’ conduct constitutes a “cynical disregard of the plaintiff's rights.”
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