What is the cause of death for spruces that were transplanted from a single spruce into a rock formation in 2014?

British Columbia, Canada


The following excerpt is from Hallman v. The Owners, Strata Plan KAS 1821, 2021 BCCRT 1052 (CanLII):

28. The Hallmans also say that the spruces died due to poor placement and poor post-transplant care. Photos show that by September 24, 2020 the spruces had severe browning. Given that the spruces appeared alive until at least July 2020, I find that determining the cause of the spruces’ subsequent illness is a matter that is beyond common understanding and requires expert evidence. See Bergen v. Guliker, 2015 BCCA 283 at paragraph 119. As applicants, the Hallmans have the burden to provide such evidence. They have not done so. So, I find it unproven that the spruces died from any action or inaction by the strata.

Other Questions


Can knowledge of a cause of cause be used as grounds for cause of dismissal? (British Columbia, Canada)
Is a thumb-nail injury a direct and sole cause of death under an accident insurance policy? (British Columbia, Canada)
What is the range of damages for wrongful death in a wrongful death action? (British Columbia, Canada)
Can a plaintiff claim for damages for non-pecuniary damages from the date of death after death? (British Columbia, Canada)
Does a landlord have to be liable for nuisance caused by a tenant who causes damage to the property? (British Columbia, Canada)
Can an employer who has not asserted just cause at the time of firing an employee from alleging subsequently discovered just cause? (British Columbia, Canada)
What is the test for establishing cause of cause of injury in a motor vehicle accident? (British Columbia, Canada)
What is the test for establishing a cause of cause of injury in a motor vehicle accident? (British Columbia, Canada)
What is a right to life engaged where a law or state action imposes death or a increased risk of death on a person? (British Columbia, Canada)
What is the test for a plaintiff to prove that her husband's death was not caused by negligence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.