16-metre silver maple could topple tree bylaw:
The City of Ottawa has been ordered to remove a 16-metre silver maple tree from a downtown property in what appears to be the first court decision that involves the way the municipality tries to preserve urban trees.
Court records obtained by the Citizen indicate that John and Marie Guinan, who own a house on York Street, argued the tree’s roots are causing foundation damage. The Guinans have successfully challenged a city bylaw that doesn’t allow the removal of a healthy city tree for causing such damage. The Guinans could not be reached for comment Friday night.
City lawyers are considering an appeal after an Ontario Superior Court justice granted an injunction requiring the tree’s removal.