B.C.’s Civil Resolution Tribunal has rejected a bid by a B.C. woman to have a neighbour pay for damage she alleges their snow-covered hedge did to her shed.
According to the May 13 decision, Jarvis said a heavy December 2022 snowfall weighed branches down leading them to snap and fall on the shed’s roof. Jarvis said she and her husband had warned Davenport about potential damage to the shed and had requested the overhanging branches be trimmed. “While she does not set out the legal basis for her claim, I find Mrs. Jarvis alleges Mrs. Davenport’s failure to trim and maintain her hedge either caused a nuisance or was negligent,” tribunal member Megan Stewart said.
Jarvis submitted a Jan. 2, 2023 invoice for shed repair work and the removal of encroaching hedge branches. “She says it was likely created by the Jarvis’s friend, and the figures are inflated,” Stewart said. “I find Mrs. Davenport’s assertions speculative, and I give them no weight.”
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