Windsor sees spike in tree liability complaints

Despite the City of Windsor seeing a spike in the number of tree liability complaints filed by residents last year, compared to the four years before that, administration says that does not correlate to the amount of money paid out.

Councillors raised questions over numbers presented to Windsor councillors Monday, which show an annual average of 70 tree liability claims were filed against the city between 2019 and 2022.

In 2023, the number of tree liability claims more than doubled to 145.

“This is an issue I've dealt with as a ward councillor for some time where a resident will call in and say, ‘Can my tree get trimmed? Can we do the branches? It's gonna fall. Administration will say it’s not an issue and then the tree falls,” said Fred Francis of Ward 1.

But according to Dana Paladino, the city’s deputy solicitor, the number of claims received by the city “does not necessarily correlate” to what was paid.

“We don't just automatically pay them. We first look at the situation,” Paladino said.

One example of this case, she said, is if a tree was reported for removal and forestry crews were sent to trim it. Later, a large branch from the same tree fell during a storm and damaged a car.

In such cases, compensation is not automatic.

“We would say, ‘What did we do last time we were there? Was that what a reasonable forester would have done? Should we have known that this thing was about to fall down and we didn’t catch it?’ If that was a scenario, then absolutely we’re looking at liability,” said Paladino.

However, if the tree was trimmed properly and, for example, a storm's gale-force winds were unforeseeable, compensation may not be provided.

In response, Francis said he’s not concerned about money paid out by the city — rather, if there is anything the city can do to be more proactive since property damage is the likely result of a fallen tree or branch, regardless of who bears responsibility for the claim.

“If we could go above and beyond, perhaps, to avoid that problem and heartache for people, I think we could look at that as well,” said Francis.

According to Paladino, administration is already doing that “to a degree.”

“I'll point out that a lot of the increase in numbers we saw last year, as far as claims, was primarily due to a few significant storms. I think there was a tornado that actually went through so it was a bit of an anomaly year," said Paladino. "Unless changing weather patterns continue, which may or may not happen, I wouldn't anticipate [2023] to be a typical year,” she added.

It’s unclear exactly how many of the 145 tree liability claims submitted in 2023 were paid out in full, partially covered or denied altogether.