B.C. storm sparks questions about legality of trees on public property

A tree that fell on a homeduring a wind stormand killed a woman sleeping inside has raised questions about who is legally responsible for maintaining trees on public property.

Jill Calder died early Thursday morning when a tree broke through her roof while she was in bed. The one-metre-wide tree waslocated on a green belt behind her house in Port Moody, B.C.

• B.C. windstorm: Jill Calder's death from falling tree met with shock
• B.C. windstorm: Tree smashes house, kills Port Moody woman in her bed
• B.C. windstorm: 4 tips for homeowners worried about falling trees

Personal injury lawyer Shadrin Brooks says citiescan't be held legally liable for a treeon public landunless there's evidence theyhavebeen negligent in maintaining the tree. An argument could also be potentially made if a treewas obviously dead or dying.

"They're not necessarily responsible for every accident that occurs," he said."They have to have a reasonable policy and they have to follow their policybut they're not really responsible for every loss that occurs on their property."

HowardNormann,VancouverPark Board's director of park operations,says four officers inspect every tree in Vancouver at least once a year, and additional crews do maintenance year-round.

He says despite the tragedy in Port Moody on Thursday, and the increasing likelihood of inclement weather due to changing climates, Vancouver's tree maintenance program will remain status quo.

"I feel comfortable that the program we're currently using is working," he said. "We didn't have that many trees that came down last night or this morning."

However, Normann says residents should notify the city if theysee a tree that could be hazardous.