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Kelowna couple sues Fortis BC over tree trimming practices

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The Loss of a Landmark: The Rix Family’s Tree Tragedy

In the quiet neighborhood of Kelowna, British Columbia, a once-thriving 65-foot mature Linden tree and a large Horse Chestnut tree stood proudly in the front yard of Brad and Elayne Rix. These trees were more than just greenery; they were a part of the family’s history and a defining feature of their property. However, by the fall of 2023, the Linden tree had been reduced to nothing more than a stump and a shoot, while the Horse Chestnut tree suffered a similar fate. The drastic pruning, carried out by Fortis BC, left the Rix family devastated. Brad Rix, a former Fortis lineman himself, understood the importance of tree safety around power lines but was appalled by the manner in which the pruning was executed. “It was horrible to look at,” he said, expressing his anguish over the disfigurement of the trees. For Brad, the trees no longer resembled their former selves, making their presence unbearable. He ultimately made the difficult decision to remove the trees entirely.

The pruning, which Brad described as cutting over two-thirds of the Linden tree, was done by Fortis BC to ensure branches were not perilously close to power lines. While Brad acknowledges the necessity of maintaining tree safety, he strongly believes that the approach taken by Fortis was excessive and disrespectful to homeowners. The Rix family’s experience is a heartbreaking reminder of the emotional toll such actions can have on residents who deeply value their property and the natural beauty it holds.

A Devastating Decision: Why the Rix Family Decided to Sue

The Rix family’s frustration and disappointment led them to take legal action. On February 25, 2024, Brad and Elayne filed a claim in small claims court against Fortis BC and a local tree company, seeking $35,000 in compensation. The claim covers not only the cost of removing the mutilated trees but also the value of the trees before they were pruned, as determined by a professional arborist. Brad explained, “We’ve had estimates on what the value of the trees were before they were cut… there was the cost of the trees, there was the cost of the removal totally, because we couldn’t look at what they’ve done.”

The financial burden doesn’t stop there. With the loss of the tree canopy, the Rix family now faces additional expenses related to irrigation and landscaping. These costs are a direct result of the drastic changes made to their property. For the Rixes, the legal action is not just about reclaiming their financial losses but also about raising awareness and advocating for better treatment of homeowners by utility companies. They hope their experience will prompt Fortis and other organizations to adopt more thoughtful and communicative practices when dealing with tree maintenance.

The Bigger Picture: Other Kelowna Residents Share Their Stories

The Rix family is not alone in their struggle. Other Kelowna residents have come forward with similar experiences, highlighting what appears to be a systemic issue with how tree pruning is handled in the area. Last spring, Giulio Di Palma returned home to find his Spruce tree severely pruned, with half of it removed. “I was shocked,” he shared, expressing feelings of disappointment, upset, and violation. Similarly, Gordy Charles, who lived just a few blocks away, was met with a distressing sight upon returning from vacation. Nearly two handfuls of his trees had been trimmed, leaving them looking brutalized. “It just makes me feel sick,” Charles told Global News.

These stories paint a vivid picture of a community grappling with the aftermath of aggressive tree pruning. The emotional impact on homeowners is undeniable, as they watch their beloved trees, which often hold sentimental value, being transformed beyond recognition. The shared experiences of the Rix family, Di Palma, and Charles underscore the need for more consideration and transparency from utility companies when carrying out such work.

A Call for Change: The Rix Family’s Hopes for the Future

Brad and Elayne Rix hope that by sharing their story, they can inspire positive change. “Let’s get a positive solution from what we are going through here, so that other people don’t have to go through this,” Brad said. Their legal action and public advocacy are not just about seeking compensation but also about pushing for better communication and more thoughtful tree-trimming practices. They want homeowners to be given more consideration and involvement in decisions that affect their properties.

Neighbors who have undergone similar experiences are rallying behind the Rix family, hopeful that their collective voices will lead to meaningful reforms. The community’s shared frustration serves as a catalyst for change, urging utility companies like Fortis BC to reflect on their practices and strive for a more homeowner-friendly approach. While the damage to the Rix family’s trees cannot be undone, their efforts aim to ensure that no one else has to endure the same heartache.

Fortis BC’s Response: Where Do They Stand?

In response to the criticism, Fortis BC has stated that it is conducting an internal review of its tree-trimming practices. The company shared in an email, “We are working more closely with municipalities and, where possible, stepping up notifications at a community level to let the public know when this work is underway in their area.” While this indicates a step toward improvement, it comes too late for the Rix family, whose trees were irreparably damaged.

Fortis BC has denied any wrongdoing in the matter, stating in a defense that the work was neither excessive nor negligent. None of the allegations have been proven in court, leaving the outcome of the Rix family’s legal action uncertain. However, the company’s willingness to review its practices and improve communication suggests that they are taking the feedback from the community seriously. Only time will tell if these changes will result in more considerate and transparent tree-maintenance efforts.

Finding Balance: The Broader Implications for the Community

The debate over tree pruning in Kelowna raises important questions about the balance between safety, utility maintenance, and property rights. While utility companies like Fortis BC have a responsibility to ensure power lines are safe and reliable, they must also respect the emotional and financial investments homeowners have in their trees. Trees are not just part of a property’s landscape; they contribute to the character of neighborhoods and provide environmental benefits.

Moving forward, the community and utility companies must work together to find a middle ground. This could involve better communication, more transparent decision-making, and a more thoughtful approach to pruning that prioritizes both safety and aesthetics. The Rix family’s story serves as a reminder of the importance of these values and the need for accountability when they are not upheld. By advocating for change, Brad and Elayne Rix are not only fighting for their own rights but also for the rights of all homeowners who cherish their trees and the beauty they bring to their communities.

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