Tree Liability Risk: The Duty of Care Owed to Persons Who May Be Harmed by Trees | SFG Paralegal Services LLP
Helpful?
Yes No Share to Facebook

Tree Liability Risk:

The Duty of Care Owed to Persons Who May Be Harmed by Trees



Last Updated: June 12 2026

Question: Who can be held liable in Ontario if a poorly maintained tree falls and injures someone or damages property?

Answer: In Ontario, liability for tree-related injury or property damage often depends on whether the owner or contractor knew or should’ve known the tree was hazardous and failed to take reasonable care under Occupier’s Liability Act, R.S.O. 1990, c. O.2 and negligence principles, so timely inspection and documented maintenance can be key.   SFG Paralegal Services LLP is a Paralegal service that helps people across Ontario assess occupiers’ liability and negligence issues, gather the right evidence, and take practical steps toward compensation or defence, so call (888) 398-0121 to discuss your options.

Liability Involving Tree Maintenance

The value and benefits of trees are often overlooked and the potential liability risks associated with trees are often underestimated or misunderstood. It is important for owners, contractors, and other individuals to take due care of trees so to minimize the potential for trees to cause injury or damage and thus to minimize the potential liability risks.

The Law
Duty of Care

The basic principles of common law, particularly negligence and the legal test regarding duty of care as founded within the Donoghue v. Stevenson case (a general principles case rather than tree specific case), prescribe that property owners owe a duty to ensure that other persons and the property of others persons is reasonably safe. In Ontario, these duties are also codified the Occupier's Liability Act, R.S.O. 1990, c. O.2, whereas it is said:


3 (1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

Negligently Performed Maintenance

Owners of trees, or others responsible for trees (such as hired maintenance contractors), generally face liability only when it was known, or constructively known, that a tree failure risk was present and the owner (or others) failed to properly tend to the tree.  In this way it can be thought that the injury or damage was a result of delay in caring for the tree rather than the result of risks inherent in a tree.  Essentially, the negligent failure to maintain is a man-made risk rather than a natural tree risk. On the point of liability for failure to maintain trees, such was addressed within the case of Hallok v. Toronto Hydro Electric System Ltd., 2003 CanLII 8519, wherein it was said:


[14]  It would appear to be common ground that a property owner, such as Park Lawn, cannot be held responsible for damage resulting from a limb on a tree falling simply on the basis that the limb or tree fell.  If the evidence does not establish that there was knowledge on the part of the defendant, Park Lawn, of a dangerous condition of a tree or that there was a dangerous condition of which the defendant Park Lawn ought to have knowledge, a finding of negligence is unavailable as a matter of law.  (See: Culley v. Maguire, [1957] O.J. No. 52 (C.A.) at p. 1; Quinlan v. Gates, [2000] O.J. No. 5292(S.C.J.) at p. 2; Buttoni et al. v. Henderson et al., 21 O.R. 309 (H.C.J.) at p. 371; Doucette v. Parent, [1996] O.J. No. 3493 (Gen. Div.) at p. 4; Gasho v. Clinton (Town), [2001] O.J. No. 4505 (S.C.J. (Small Claims) at p. 4).

Accordingly, it appears that some level of awareness by knowledge, or constructive knowledge, of a dangerous condition is required if liability is to arise for negligence in the ownership, care, or control, of a tree.  It is notable that "constructive knowledge" means knowledge that the law imparts upon a person who ought to actually hold knowledge based upon reasonableness principles; and as such, if a reasonably acting person would know of about a dangerous condition such is "constructive knowledge" and proving actually held knowledge is unnecessary.  In many circumstances, proving constructive knowledge is much easier than proving actually held knowledge.  For example, following severe storms, property owners should reasonably be on alert for broken branches as well as other dangerous conditions.  Additionally, it is important to recognize that intentionally avoiding investigation and thereby choosing to remain unaware of a dangerous condition may be deemed an act of willful blindness from which constructive knowledge may also be imposed.

Conclusion

The owners of trees, or those entrusted with the care and maintenance of trees on behalf of the owners, owe a duty of care to reasonably ensure that the trees are maintained.  If a person becomes injured or property becomes damaged by a tree that was improperly maintained, liability for the injury or damage may arise.

At
Our Desk Now!
Need Help? Let's Get Started Today

NOTE: Do not send confidential information through the web form.  Use the web form only for your introduction.   Learn Why?
6

NOTE: A substantial array of online searches for “lawyers in my vicinity” or “top lawyer in” frequently indicates an urgent requirement for competent legal assistance rather than a particular professional designation.  In Ontario, “licensed paralegals” are governed by the same Law Society that supervises lawyers, and they possess the authority to represent clients in specified litigation concerns.  Advocacy, legal interpretation, and procedural expertise are fundamental to that responsibility.  SFG Paralegal Services LLP provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing effective and advantageous outcomes for clients.

AR, BN, CA+|EN, DT, ES, FA, FR, GU, HE, HI
IT, KO, PA, PT, RU, TA, TL, UK, UR, VI, ZH
Send a Message to: SFG Paralegal Services LLP

NOTE: Do not send confidential details about your case.  Using this website does not establish a legal-representative/client relationship.  Use the website for your introduction with SFG Paralegal Services LLP. 
Privacy Policy & Cookies | Terms of Use Your IP Address is: 216.73.216.254
SFG Paralegal Services LLP

10265 Yonge Street, Suite 200
Richmond Hill, Ontario,
L4C 4Y7
 
P: (888) 398-0121
E: sglass@sfglegal.ca

Business Hours:

09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Call for details.
Messages may be left anytime.

Our Experience, Your Confidence






Assistive Controls:  |   |  A A A