By Ian Holmes

Nanaimo businessman fined $84K for illegally cutting down 25 trees

Nov 22, 2018 | 4:19 PM

NANAIMO — Illegally chopping down 25 trees on a waterfront lot overseeing Departure Bay will cost a Nanaimo businessman at least $83,750.

Joseph (Jim) Mercier was sentenced Thursday afternoon in Provincial Court in Nanaimo after he pleaded guilty to disobeying the City’s tree removal bylaw in the summer of 2016 in order to improve the view on a lot he intended to build on.

Judge Douglas Cowling fined Mercier $18,750 for cutting down the protected trees, and also tacked on $65,000, the amount an appraiser estimated was added to the property’s value due to the enhanced views.

“I consider that it is fortuitous that nothing has gone wrong here,” Judge Cowling said, referencing the slope stability risks caused by Mercier’s actions.

Judge Cowling also noted an expert opinion which stated chopped down big leaf maple trees improved bank stability at the top of the property.

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Mercier admitted to cutting down a mix of red alders and big leaf maples while he had an agreement in place to buy an undeveloped lot at the end of White Eagle Terr. in Nanaimo’s upscale Cilaire neighbourhood.

Court heard Wednesday during the opening of his sentencing hearing Mercier cut the trees down after meeting with City staff and being informed a formal request to remove them to improve his view likely wouldn’t be approved.

The City confirmed it did not receive a tree-cutting permit application from Mercier.

He officially took possession of the $295,000 property several months after the trees were cut, court was told.

Mercier’s lawyer, Peter Behie, said Wednesday his client intended to spend $50,000 to remediate the site, which included planting new trees.

City lawyer Jarrett Plonka, who pushed for Mercier to pay in the range of $100,000 in fines, was satisfied with the outcome.

“The court will not allow people to treat tree-cutting and the fines associated as a mere licence fee. The court has made it quite clear that it will ensure that the profit from these unlawful activities will be recouped,” Plonka told NanaimoNewsNOW following the sentencing hearing.

City fines for illegal tree-cutting can range from $500 and $10,000 per tree.

The City’s tree removal bylaw allows for up to four unprotected trees at least six centimeters in diameter to be removed from private property annually, while no protected trees can legally be chopped down without a permit.

Mercier doesn’t have a criminal record and has no prior municipal bylaw infractions, court heard.

The matter was originally slated to go to trial, but Mercier pleaded guilty in August.

He declined an interview with NanaimoNewsNOW.

Judge Cowling ordered Mercier to pay the entire fine by September 2020.

The money will go into the City’s urban forest fund, which supports various environmental restoration initiatives.

ian@nanaimonewsnow.com

On Twitter: @reporterholmes