Developer convicted of compromising trees' health

A Vancouver real estate developer has been convicted of compromising the health and safety of five trees located on a west-side property.

Robert Boykiw was found guilty in provincial court of 14 of 15 counts related to the violation of the city's tree bylaw by pruning western red cedars at 3170 Ash St., a multi-unit house, on Jan. 13, 2018.

Court heard that a numbered company of which Boykiw was the sole director had acquired a multi-unit dwelling adjacent to the Ash Street property, at 575 West 16th Ave. Boykiw, chief executive of Regius Corp., inspected the interior of the West 16th Avenue house, which was bought as an investment, and found severe deficiencies that required immediate action, according to the verdict by Judicial Justice Zahid Makhdoom.

Access to the units in the West 16th home needed work, but the city wouldn't approve any changes due to power limitations, and Boykiw concluded that the power could not be brought in without “lifting the limbs” of the trees on the Ash Street home, said Makhdoom.

Boykiw retained David Affleck, an unqualified trimmer, to prune the trees from the Ash Street property that were extending onto the West 16th lot.

Affleck earlier pleaded guilty to three counts related to the pruning of the trees and was fined $1,500.

At one point, Boykiw, prior to the pruning of the trees, offered to pay $3.5 million to buy the Ash Street property, but the owners declined.

A landscape inspector for the city determined that the majority of the east-facing tree limbs were removed from the five trees in question, with spur marks caused by climbing equipment that may have been used. The trees were unlikely to ever again regain past physical characteristics, the inspector said in his report.

An expert for Boykiw testified that given the relative youth of the trees, he didn't anticipate the pruning to cause any negative effects, but Makhdoom found his evidence didn't live up to rigorous methodological and empirical standards.

“The `original sin' of Mr. Boykiw that led to the cascade of events was the moment, without his arm being twisted, he nonchalantly agreed with Mr. Affleck to `lift limbs' by pruning these to the `collar' or trunk of the trees,” said Makhdoom.

In an interview, Boykiw said that the trees in question, with limbs extending 211/2 feet onto his property, were doing “quite a bit of damage,” including puncturing holes in the roof and rotting the back side of the house.

He said he hired an arborist, or a person they thought was an arborist, but who turned out not to be properly qualified.

“We thought he was doing the right thing. ... But he did different than that, so that's probably what resulted in it all.”