B.C. couple ordered to pay neighbour $2K over 'encroaching bamboo'
A B.C. couple whose bamboo plants spread into a neighbour's yard, potentially threatening his greenhouse and drainage system, has been ordered to help pay for a barrier between their properties.
The case of the intruding bamboo, which was heard in the province's small claims tribunal, hinged on whether the sprouting stalks constituted a nuisance under the law – meaning that they caused an "unreasonable interference" with the neighbour's enjoyment of his property.
The roots of the dispute date back about 10 years, when Paul and Cindy Hsieh planted an ornamental species of bamboo along an approximately 18-metre property line they share with their neighbour, Charles Parker.
While the Hsiehs acknowledged to the Civil Resolution Tribunal that their bamboo subsequently spilled into Parker's property, they denied it was a major problem.
"The Hsiehs say the encroaching bamboo is no different than any other encroaching root or leaf that all neighbours deal with in a community," tribunal vice-chair Shelley Lopez wrote in her decision, which was posted online Monday.
Parker felt differently.
He told the tribunal the plants became an annual gardening nightmare, and submitted photos showing the stalks had managed to creep further and further past the laurel hedge bordering his yard – until he finally installed a preventative barrier in summer 2021.
"I accept the amount of bamboo growing inside his laurel hedge increased over the years, and it was increasingly difficult for him to remove," Lopez wrote. "Based on the photos I also accept the bamboo had reached the perimeter, if not under, Mr. Parker’s greenhouse."
For the bamboo to be considered a nuisance, the tribunal said the Hsiehs would have to have known – or ought to have known – the stalks would cause problems for their neighbour, as argued by Parker.
Lopez noted bamboo is not included in a list of "priority invasive plants" for the Greater Victoria region, where the neighbours live, and found no evidence the Hsieh's should have known the bamboo would encroach on other properties before they planted it – but the circumstances changed when Parker finally complained to them three years ago.
"The Hsiehs undisputedly knew about their bamboo’s encroachment onto Mr. Parker’s property after Mr. Parker told them in 2019," the vice-chair wrote. "They did nothing about it."
Their neighbour asked for $5,000 in damages to cover the cost of building his barrier, the maximum allowed at the Civil Resolution Tribunal, which included $3,173 for materials and $1,680 for labour, mostly paid to his son.
Parker did not provide any invoices or quotes, however, leaving it to Lopez to decide on the appropriate amount of compensation. She ordered the Hsiehs to pay their neighbour $2,000, along with $87.50 in tribunal fees.
CTVNews.ca Top Stories
'They needed people inside Air Canada:' Police announce arrests in Pearson gold heist
Police say one former and one current employee of Air Canada are among the nine suspects that are facing charges in connection with the gold heist at Pearson International Airport last year.
House admonishes ArriveCan contractor in rare parliamentary show of power
MPs enacted an extraordinary, rarely used parliamentary power on Wednesday, summonsing an ArriveCan contractor to appear before the House of Commons where he was admonished publicly and forced to provide answers to the questions MPs said he'd previously evaded.
Leafs star Auston Matthews finishes season with 69 goals
Auston Matthews won't be joining the NHL's 70-goal club this season.
Trump lawyers say Stormy Daniels refused subpoena outside a Brooklyn bar, papers left 'at her feet'
Donald Trump's legal team says it tried serving Stormy Daniels a subpoena as she arrived for an event at a bar in Brooklyn last month, but the porn actor, who is expected to be a witness at the former president's criminal trial, refused to take it and walked away.
Why drivers in Eastern Canada could see big gas price spikes, and other Canadians won't
Drivers in Eastern Canada face a big increase in gas prices because of various factors, especially the higher cost of the summer blend, industry analysts say.
Doug Ford calls on Ontario Speaker to reverse Queen's Park keffiyeh ban
Ontario Premier Doug Ford is calling on Speaker Ted Arnott to reverse a ban on keffiyehs at Queen's Park, describing the move as “needlessly” divisive.
'A living nightmare': Winnipeg woman sentenced following campaign of harassment against man after online date
A Winnipeg woman was sentenced to house arrest after a single date with a man she met online culminated in her harassing him for years, and spurred false allegations which resulted in the innocent man being arrested three times.
Woman who pressured boyfriend to kill his ex in 2000s granted absences from prison
A woman who pressured her boyfriend into killing his teenage ex more than a decade ago will be allowed to leave prison for weeks at a time.
Customers disappointed after email listing $60K Tim Hortons prize sent in error
Several Tim Horton’s customers are feeling great disappointment after being told by the company that an email stating they won a boat worth nearly $60,000 was sent in error.