A lawsuit was filed last week in Vancouver Supreme Court over the alleged improper cutting of trees along Tsawwassen Beach Road.
According to court documents, members of the Tsawwassen Beach Road Property Owners’ Association have filed a civil claim against Niceness Holdings Ltd., You Fei Xiang and John Doe.
Court documents show the association members each own a residence on Tsawwassen Beach Road near 4th Avenue and are each partial owners of a segment of Tsawwassen Beach Road adjacent to their residences.
The private road was lined by 26 large trees, which were visible from the property owned by Niceness and obscured the view of the ocean from that property.
The lawsuit contends that in July of 2016 Xiang and Niceness instructed John Doe to trespass onto the road and cut trees.
The association contends the cutting was done without the express or implied permission of the association or any of its members, and without the express or implied permission of the City of Delta.
According to an arborist report prepared by the association, one tree was removed, six were crowned and 20 were topped.
As a result, the association and its members claim they have incurred losses, including a loss of property value, expenses to remediate the road and the surrounding area, loss of amenities and decreased stability of the adjacent English Bluff.
The association is seeking relief against the defendants that would include a determination of the damages and judgment in the amount of such damages, costs and any further relief the court deems just.
“I expect at the very least it will be a few weeks before a response to civil claim will be filed in court,” said Graham Buchanan, the association’s lawyer. “This matter won’t actually be heard in court for quite a while. It will for sure be well in excess of a year, but possibly it could be resolved by agreement before then.”
The lawsuit was filed July 17. None of the allegations have yet to be proven in court.
