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非华人邻居。
The judge heard that Erminia Minicucci, the plaintiff, and Andrew Liu and Ying Liang, Minicucci’s neighbours and the defendants in the court case, lived in new homes on adjacent lots in West Vancouver.
After the defendants finished construction of their home, Minicucci became concerned that her home’s backyard lacked privacy.
In July 2017, she undertook a landscaping project that included planting eight 25-foot cedar trees and 20 10-foot cedars on her side of the property line.
In the spring of 2018, Liu advised Minicucci and her husband that the new trees were interfering with views from his home and asked permission to trim the trees.
Minicucci’s husband denied the request and asked Liu not to take any action, but between Aug. 18 and 20, 2018, while the couple was away from their home, Liu topped many of the cedar trees.
The actual number of trees topped was in dispute. Liu admitted that he topped six inches from three of the taller cedar trees and all of the shorter trees but the judge concluded that he’d topped four of the taller trees and all of the smaller trees by two to three feet, not six inches.
When confronted, Liang told Minicucci’s husband that the defendants had permission from the City of West Vancouver to top the trees, but the judge noted they did not in fact have that permission.
Minicucci, who claimed she and her husband had suffered considerable stress and anxiety as a result of Liu’s actions, said she began to fear leaving her home and worried about her daughter being home alone.
The conflict also caused Minicucci to wish to move despite designing the home with long-term plans to stay there for her retirement.
The judge noted that deterrence to the defendants was an important objective, since the plaintiff specifically denied the defendant’s permission to top the trees. |
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