Kanata 'tree massacre' prompts stop-work order

The City of Ottawa has issued a stop-work order to prevent a developer from cutting down more trees on a parcelof land in Kanata being evaluated for possible natural heritage status.

MetcalfeRealty could face a fine of up to $100,000 for chopping down the trees on March Road near Maxwell Bridge Road without a permit.

The cutting occurred "during a known peak time of nesting for migratory birds" despite federal regulations that prohibitthe disturbance and destruction of nests, according to a City of Ottawa memo.

"We had a tree massacre," saidKanataNorth councillor Marianne Wilkinson."A very large area had been basically clear cut, except for around the edges so you wouldn't be able to see it but you could certainly hear it."

Wilkinson said residentsheard chainsaws on May 26but it took city officials three daysafter theircomplaints were filed to visit the site.

Under City of Ottawabylaw, a permit is required tocut down trees greater than 10 centimetres in diameter at breast height. The penaltyfor violating the bylawranges from $500 to $100,000.

The city's general manager of planning and growth issued a stop-work order on June 12. John Moser explainedin a memo to the mayor and city councillors that the order could be permanent.

"The woodlot where the tree cutting took place is land that is being assessedto determine if it is a part of Ottawa's naturalheritage system or not. If this land issignificant, it will not be developable," he wrote.

'These weren't trees. This was scrub,' lawyer says

MetcalfeRealtydid not respond to an interview request. The landowner's lawyer,Michael Polowin, told CBC News that to their knowledge, no trees with diameters of 10 cm or greater, at breast height, were cut down.

"So what he was cutting was effectively scrub or brush or shrubs, whatever you want to call it. They were not trees within the meaning of the bylaw,"Polowin said.

He added that while the city had indicated it was interested in the woodland, his client wasn't obligated to do anything about it.

"There was some discussion of the city's interest in it, but he was under no obligation to not do with his land what he wanted to do with his land. ... Sure the city had some interest in this woodland, but what the arbourist told me was, these weren't trees. This was scrub."