October 1, 1998

To:Etobicoke Community Council

From:John Thomas, Director, Transportation Services - District 2

Subject:Mr. Walter Tiefenbacher - Tree Roots

44 MacDonald Street

(Lakeshore-Queensway)

Purpose:

To report on the request of Councillor Irene Jones, Lakeshore - Queensway, on the foundation damage of 44 MacDonald Street apparently caused by the City tree roots.

Financial Implications:

There are no financial implications.

Recommendation:

It is recommended that:

No further action be taken by the City on this matter.

Background:

Councillor Irene Jones approached the Works and Emergency Services Department with a request to investigate the alleged damages caused to the foundations of Mr. W. Tiefenbacher's home at 44 MacDonald Street apparently by the roots of the City tree.

We wish to report that Mr. Tiefenbacher's claim has been reviewed by City's insurance adjusters, AcclaimAdjusting Services Inc., and his claim was denied as outlined in their letter dated July 21, 1998 (Attachment No. 1).

We have further contacted former area municipalities as to their actions with respect to similar claims and it is our understanding that none of the former Cities have accepted any claims as to the damages to the basement walls or foundations caused by the City's tree roots.

We have also reviewed this case with City's solicitors and they have advised that since this claim has been investigated by City's insurers and denied in full, no further action by the City at this time is warranted. Mr. Tiefenbacher may, if he so chooses, to commence with legal proceedings against the City to claim his damages.

Conclusions:

Based on the above, it is respectfully recommended that no further action be taken by the City on this matter.

Contact Name:

T. Ellerbusch, P.Eng., Director of Engineering, Design and Construction.

(416) 394-8399; Fax (416) 394-8942.

J. Thomas

Director Transportation Services

cc:Mr. Tiefenbacher

Mr. J. Hart - Reble Ritchie

Operations/Streets File