This large Douglas Fir was illegally chopped down from a Jingle Pot Rd. property in January, 2017. Contractor Dwayne Macintyre is awaiting how much his fine for the offence will be. (CHEK News)

By Ian Holmes

Money tree

Contractor at centre of Nanaimo’s hotly contested tree removal bylaw

Jul 8, 2019 | 5:04 PM

NANAIMO — A contractor out tens of thousands of dollars for illegally cutting down a large tree faces further losses, prior to a judge issuing a potentially hefty fine.

A sentencing hearing for Dwayne Macintyre took a highly unusual turn Monday when the presiding judge requested further information about the facts of the case, despite Judge Ronald Lamperson already convicting the defendant.

Macintyre was hired to take down a towering Douglas Fir from a Jingle Pot Rd. property in January, 2017.

Following an entire day of submissions from the City and defence at provincial court in Nanaimo, Judge Lamperson requested to hear more evidence before deciding what Macintyre’s fine should be.

The Judge wondered if Macintyre mistakenly believed there was a permit for the contested tree.

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“Where it is in that spectrum is relevant to my decision to the appropriate sentence, it’s not relevant to whether he’s found guilty.”

Macintyre did not testify at his trial which concluded in May.

Property owner Mladen Zuvich pleaded guilty and was fined $12,500 late last year for having the tree improperly removed.

The City’s lawyers are pushing for Macintyre to pay a whopping $17,500 for the municipal bylaw offences of illegally removing a tree and disobeying a permit.

Zuvich was given permission from the City to have several other similarly sized trees removed, but not the contested Douglas Fir Macintyre arranged to be felled.

City lawyer Lisa Guidi said a substantial fine against Macintyre is necessary to help prevent other tree fallers from flaunting the rules.

“If a low fine amount is issued this would send a message that this is the cost of doing business for these professionals,” Guidi said.

The City argued the Douglas Fir was a “one-in-10,00” tree, standing 180-foot high and in good condition.

The defence contended the tree was about 100 feet tall.

Macintyre and his company did not profit from removing the tree, according to his lawyer Lisa Low.

She argued the minimum fine of under $1,000 should be applied against her client.

She said Zuvich claimed to have the necessary permit to take the tree down and Macintyre was only following his orders.

“The tree was cut without any willful intent or malice and it arose due to an error in judgment. Mr. Macintyre accepted what the property owner told him,” Low said.

Macintrye, a 30 plus year veteran in the mid island logging field, lost thousands of dollars in legal fees and wages, according to Low.

Judge Lamperson asked whether it was possible for Zuvich to testify in the near term, however court was told he’s out of the country.

It’s unclear when Macintyre’s sentencing hearing will resume.

He was visibly frustrated when it was clear his case won’t be resolved imminently.

A conviction for a municipal bylaw offence does not result in a criminal record.

The City can issue maximum fines of up to $500 per tree for illegally removed trees, while punishment from the courts can reach as high as $10,000 per tree.

The City’s tree removal bylaw adopted in 2013 allows up to four unprotected mature trees to be removed from private property annually.

No protected trees can legally be chopped within city limits without a permit.

Fines also exist for improperly pruned trees.

Fine revenue generated from Nanaimo’s tree removal bylaw funds various local environmental restoration initiatives.

NanaimoNewsNOW reporting of several high profile tree removal court cases over the past several months spawned extensive reaction throughout the community.

Cases including fines as high as $84,000 levied against a property owner triggered opinions both for and against the bylaw.

Online sentiment ranges from the strong belief landowners should have more freedom to clear their trees, while others back the City’s efforts to help preserve the local tree canopy.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes