A Hydro One tree fell on my property after I called about it when it was still standing. A storm knocked it down. What are my options? The tree has ruined a garden and a tree on my property. This is no small tree, it is approximately 35' long and is covering my backyard. I have called every day since it fell and they have not replied.Hydro One just called me to let me know that they are looking into the situation but they still don't know when they can someone to remove the tree.
Province/Territory relating to question: Ontario
I called before the tree fell, I called when the tree fell and I have called every day since June 22 and I am not getting a reply on when they will come and remove it.
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Hello,If there wasn't any structural damage to your house or buildings on the property they're probably not making it a priority so you'll need to keep on them until they finally schedule a truck to come by and get it. What you should also be doing is write a formal demand letter cataloging not only your previous calls about this tree being a hazard but also your efforts since. You could also threaten to have this tree professionally removed and sue for the costs of so doing (though I probably wouldn't recommend doing that just yet since it may well be a very long time by the time you see any money back if it ends up that you'll need to take them to small claims). You should also provide a reasonable time-frame to remove this tree. If the tree is not affecting egress/entrance into the property, or preventing your access to a substantial amount of your property, I'd recommending giving then 10-15 business days in the letter. If it is blocking your access to the property or materially afecting your access then perhaps 5 business days would be appropriate - and be sure to make clear the impact this fallen tree is having.As it has just been five days from when the tree fell it may not yet be to the point that a judge would think it an unreasonable wait if Hydro One can prove their resources weren't available (meaning they were attending to more pressing damage elsewhere). So it may well be that, by issuing demand letters (with a resonable time-frame to perform) and constantly following-up, that they'll get on to it.Failing that, next step would be a lawyer's demand letter followed by filing an action in small claims (though, again, this will take some time to wind through to a hearing). For info on Ontario's Small Claims process, see: LINK.
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