What is the range of damages for loss of access to amenities on a property where there are three large trees?
British Columbia, Canada
The following excerpt is from Ovens v. Kirkman et al, 2006 BCSC 394 (CanLII):
Counsel for the defendants relied on Chan v. Rowley, [1992] B.C.J. No. 883, in support of his contention that the award should be less but the facts were very different in that case. The three trees in question there were cedars on a densely wooded gulf island property that exceeded one acre in size. The plaintiff had a cottage on the property but rarely visited it. I consider the overall loss of amenities in the present case to be significantly greater.
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