Tree Roots - 44 MacDonald Street
The Etobicoke Community Council recommends the adoption of the following report
(October1, 1998) from the Director, Transportation Services, District 2:
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 44MacDonald 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 July21,1998 (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
(Copy of Attachment No. 1, referred to in the foregoing report was forwarded to all Members
of Council with the agenda of the Etobicoke Community Council meeting of October 14,
1998, and a copy thereof is on file in the office of the City Clerk.)
_____
Mr. W. Tiefenbacher appeared before the Etobicoke Community Council in connection with
the foregoing.