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The couple argued at trial that the defendants’ actions were reckless and careless, amounting to a gross negligence, and that the trespass on their land was wilful, intentional and with a purpose.

The defendants denied they intentionally cut the trees, arguing their mistake was one of inadvertence and they took reasonable steps to check the boundaries of their property.

But the judge said that the plaintiffs’ characterization of events accurately described the nature of the trespass.

“I have no hesitation concluding that the defendants’ approach to determining the property boundaries for the purpose of cutting timber was careless and reckless,” said the judge.” The properties are not in an area of undeveloped Crown land. They are in a rural area within the Nanaimo Regional District which is comprised of small acreage properties with homes.”

The judge said it would have been a simple matter for the company to obtain a survey plan that would show the extent of its property.

Butler ordered Western to pay $16,239 for the cost of debris removal and initial restoration, with the sum received from the sale of the logs to be credited against that amount, leaving the net award under that heading at $12,012.

He awarded $17,500 for the cost of purchasing and planting trees and shrubs for restoration of the site, $5,125 for future plant restoration and $25,000 for the plaintiffs’ loss of amenities.

The judge also awarded $20,000 in punitive damages.

“Here, deterrence of the defendants is an important objective. Western operates a successful logging business and the award must be sufficient to deter it and other similar enterprises from cutting trees without any reasonable steps to find out if they have any right to do so.”

kfraser@postmedia.com

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