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
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
'I was scared': Ontario man's car repossessed after missing two repair loan payments
An Ontario man who took out a loan to pay for auto repairs said his car was repossessed after he missed two payments.
First court appearance for boy and girl charged in death of Halifax 16-year-old
A girl and a boy, both 14 years old, made their first appearance today in a Halifax courtroom, where they each face a second-degree murder charge in the stabbing death of a 16-year-old high school student.