A Surrey homeowner has been ordered to pay significant damages for chopping down her neighbour’s cedar tree hedge.
Sukhwinder Kaur Khatkar was seen on video and in photographic evidence climbing the fence between her and her neighbour’s home holding a chainsaw.
B.C. Supreme Court Justice Amy Francis said the facts of the case were apparent and the defendant, who did not attend the proceedings, showed a “reckless disregard” for private-property rights.
“This is a very straightforward case of trespass and there is clear evidence of the trespass,” the judge said in the oral reasons for judgement. “In light of this evidence, it does not appear that there are issues of fact that could possibly be raised by the defendant that would constitute a defence of the claim.”
The court heard that between July and December 2021, the defendant cut up to 3.3 metres off the top of 75 4.5-metre tall cedar trees.
Even a visit from the RCMP did not dissuade the defendant. The judge noted that Mounties spoke with Khatkar on September 29, 2021, and informed her that she did not have permission to cut the trees.
Despite the warning, the judge said the evidence showed the defendant re-entered the plaintiff’s property approximately 30 minutes after the constable left and continued to damage the trees.
The defendant has been ordered to pay $109,915 in general damages, $3,575 in special damages, and the $35,000 in punitive damages. The judge also imposed an injunction further restraining the defendant trespassing or interfering with the plaintiff’s property.
“Cutting trees on another’s property without consent is actionable trespass,” the judge said. “There is no dispute that the defendant entered onto the plaintiff’s property and cut trees that were located on the plaintiff’s property… The photographs and video evidence amply support this conclusion.”
• Do you require a lawyer for a general litigation matter? Give Clark Woods LLP a call today for expert legal assistance and guidance.