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
Canadian gov't proposes new foreign influence registry as part of wide-spanning new bill
Prime Minister Justin Trudeau's government is proposing a suite of new measures and law changes aimed at countering foreign interference in Canada, amid extensive scrutiny over past meddling attempts and an ever-evolving threat landscape.
Boeing Starliner capsule's first crewed test flight postponed
The long-awaited first crewed test flight of Boeing's new Starliner space capsule was called off for at least 24 hours over a technical issue that launch teams were unable to resolve in time for the planned Monday night lift-off.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Newfoundland and Labrador latest province to tighten rules on Airbnbs
Newfoundland and Labrador is the latest jurisdiction to bring in stricter rules for short-term rentals, with a coming set of regulations that will force operators to register with the provincial government.