Craig Zurbas says his home in Port Coquitlam, B.C., is under constant threat from nearby trees that pose a serious risk of falling onto his home.
Hyde Creek runs through Zurbas’ backyard. Zurbas says his property line ends midway through the creek, and on the other side of that line is School District 43 property.
On Tuesday, a tree smashed into his gutter. Back in June, a large tree caused more than $60,000 worth of damage.
“Six holes in the roof, the back stairs demolished, the railings knocked off,” said Zurba, explaining the damage.
“If it wasn’t for fate, then my partner - who got up from her chair - unquestionably would’ve been squashed.”
School District 43 covered Zurbas’ deductible for the June tree incident, but he says they haven’t responded to his request for compensation for the most recent.
“I’ve reached out to the school’s superintendent, no calls back,” he said.
“I’ve reached out to the elected trustees of Port Coquitlam – they’re not returning my messages.”
Port Coquitlam mayor Brad West has written a letter addressed to the district’s superintendent in support of Zurbas.
“I’m reaching out because this is a matter of safety, as well as fairness,” read part of the letter. “It’s important that we ensure our community is safe, and that residents aren’t left to deal with preventable damage and stress.”
Zurbas says he has noticed water levels rising in the creek, and he is concerned that erosion is making the trees more vulnerable to collapse.
“I would like to see a really comprehensive risk management program along everywhere where this creek runs,” said Zurbas.
One lawyer tells CTV News that when a tree falls from an adjacent property and causes damage, there could be legal ramifications – if there is a reason to believe that the tree is at risk of falling.
“If it’s dying, if it’s rotting, if it’s leaning at a severe angle or there’s obvious signs of structural problems with the tree, then you could make a negligence claim against the homeowner or the neighbor, who owns that tree,” said Jason Smith, a lawyer with experience in property damage claims.
CTV News reached out to School District 43 multiple times, but did not receive a response.