I am absolutely appalled by this, $600,000 for one lousy business...as if she lost that much money, yea right:
A rather smug face.
Former Cambie Street merchant granted $600,000 prior to appeal
Vancouver Sun
July 29, 2009 5:43 PM
VANCOUVER — Former Cambie Street merchant Susan Heyes will be getting the $600,000 that the court ordered be paid to her to compensate for damages her business faced during the Canada Line construction.
TransLink and its partners had asked the BC Court of Appeal to delay payment until after the appeal is heard, sometime later next year.
But the judge ruled in Heyes favour.
Heyes cried and hugged her daughter, Julia, and her friends after Court of Appeal Justice Edward Chiasson ruled that the $600,000 must be paid to her immediately.
Outside the courthouse, Heyes said she was “delighted’ by the decision.
“It’s very necessary to continue with my business because I’ve suffered enormous losses and I need to inject the money back into my company," she said.
A B.C. Supreme Court judge awarded Susan Heyes, the owner of Hazel & Co. maternity wear, $600,000 in damages for business loss during the Canada Line construction on Cambie Street between 2005 and 2008.
Heyes sued TransLink and its partners for compensation for business disruption caused by construction of the Canada Line rapid transit project. She claimed business interests had not been considered when the decision was made to go to a cut-and-cover model rather than a bored tunnel.
Justice Ian Pitfield ruled the cut-and-cover method constituted a legal nuisance for businesses.
Although he granted damages and found TransLink, Canada Line Rapid Transit and InTransitBC jointly liable, the judge dismissed claims of negligence, misrepresentation and nuisance against the defendants, which included the city of Vancouver, Canada and the attorney-general of B.C.
"Finally she's been vindicated by this judgment," Heyes' lawyer Cameron Ward said. "She tried everything to get compensation ... it was a difficult and vigorously defended case."
As for the appeal, which isn’t expected to go ahead until next year, Heyes said she expects another difficult fight.
Her lawyer Cameron Ward said even if Heyes wins at the Court of Appeal, TransLink and the companies involved in the public-private partnership can still ask for leave to appeal to the Supreme Court of Canada.
The issue in the case are substantial. B.C. Supreme Court Justice Ian Pitfield’s decision overturned a longstanding notion that any public projects done in the public good can not constitute a ‘nuisance’ in the legal sense.
If that is upheld, it means that for all future public-works projects not only in Vancouver but all of Canada, mitigation of nuisance and even paying compensation to anyone who is inconvenience by the project will have to be considered in the planning stages.
Because of that, Ward said it’s possible that the Supreme Court of Canada might want to take a look at the case.
If that happens, not only is Heyes looking at several more years of litigation, she’s facing several hundred thousand more in legal expenses.
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