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Court rejects bid to block Stanley Park trees from being cut down

Plaintiffs exploring other legal options saying planned cut based on 91Ƶbad science91Ƶ
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A cyclist rides on the road in Stanley Park in Vancouver, B.C., Friday, Oct. 2, 2020. THE CANADIAN PRESS/Darryl Dyck

The B.C. Supreme Court will not grant an injunction to stop tree removal in Vancouver91Ƶs Stanley Park after a group claimed the work was doing more harm than good.

The court ruled this week that the challenge raised 91Ƶnovel91Ƶ issues about whether park users were owed a duty of care by the city and park board, but it would be 91Ƶunlikely91Ƶ that a trial would establish such a duty.

The case was filed by park users Michael and Katherine Caditz, Anita Hansen and Jillian Maguire, who claim the removal of trees because of a looper moth infestation caused them 91Ƶemotional and psychological harm.91Ƶ

They claim the city and the park board were negligent in ordering the tree removal work, relying on a 91Ƶfundamentally flawed report91Ƶ by a forestry consulting company hired to carry out the logging work.

Plaintiff Michael Caditz says he and his fellow plaintiffs disagree with the court91Ƶs ruling, but no trial date to hear the case in full has been set.

Caditz says they are exploring other legal options because they still believe the decision to cut down thousands of trees in the park was based on 91Ƶbad science,91Ƶ and that upcoming logging activity in the park should be halted.

91ƵWe feel there was gross negligence involved and we disagree with the judge91Ƶs decision and we91Ƶre analyzing the decision to determine how to proceed,91Ƶ Caditz said in an interview on Thursday.

He said they consulted a number of experts who agreed that the 91Ƶlogging operation that91Ƶs being done is not necessary.91Ƶ

91ƵIt91Ƶs causing more harm than good,91Ƶ Caditz said. 91ƵIt91Ƶs creating an elevated risk of falling trees and a fire and that there91Ƶs no basis at all in science, in evidence-based science for the logging operation.91Ƶ

The B.C. Supreme Court declined to issue an injunction before a trial, finding that 91Ƶbefore anything as extensive as the potential removal of 160,000 trees in Stanley Park is effected, there is time91Ƶ for the park board to fulfil 91Ƶits statutory obligations with respect to the care and management of Stanley Park.91Ƶ

The court also found that there91Ƶs also a legal avenue for 91Ƶa public law challenge, by way of judicial review, to any decision to proceed with tree removal beyond that contemplated for the 2024/2025 window, if warranted.91Ƶ

The city and park board91Ƶs lawyer, Ian Dixon, did not immediately respond to a request for comment on the court91Ƶs ruling.





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