City not liable for tree branch falling on man’s car, B.C. tribunal finds

A tree-damaged car is seen in a Shutterstock image.

The City of North Vancouver is not responsible for damage caused by a tree branch crashing down onto a resident’s car last year, according to B.C.’s small claims tribunal.

Dawson Lindahl’s vehicle was deemed a total loss after being crushed by the plum tree branch in April 2024, and he claimed $2,482 in compensation through the Civil Resolution Tribunal—including $950 for a rental car, $845 for gas, $500 for his insurance deductible and $186 for Uber rides.

“He says North Vancouver was negligent in (its) responsibility to inspect trees, so it should pay his expenses,” tribunal member Alissa Reynolds wrote in her Nov. 19 decision.

The city argued it wasn’t liable for what happened, however, and Reynolds ultimately agreed.

To prove negligence, she wrote, Lindahl would have to demonstrate that North Vancouver breached a duty of care that caused the damage to his car—but cities can be protected against such claims under a legal principle called the “core policy defence.”

“The defence means that governments cannot be held liable in negligence for core policy decisions … dictated by financial, economic, social or political factors or constraints,” Reynolds said.

In this case, the tribunal found North Vancouver has a “core policy” regarding the city’s approximately 9,800 trees, and it does not mandate routine inspections due to budgetary and staffing limitations.

“Instead, North Vancouver said staff perform informal inspections or perform inspections because of a service request made by a member of the public,” Reynolds said. “It says when the public brings concerns forward, North Vancouver reviews and actions the request in a reasonable timeframe.”

The plum tree that damaged Lindahl’s car hadn’t been inspected since October 2017, according to the decision, but the city had not received any service requests for it in the meantime.

A photo of the tree taken in September 2020 also showed “what appears to be a healthy tree,” Reynolds wrote.

“There is no evidence that North Vancouver should have known the tree branch was a hazard,” the tribunal member added. “I conclude that North Vancouver is not liable in negligence for Mr. Lindahl’s vehicle damage.”