Appeal Court upholds Canada Line class-action of Cambie Street merchants – From the Vancouver Sun

It seems in BC, justice from the courts depends on the judge presiding over the case and not the law. From the same court of appeal which rejected former Cambie Street merchant Susan Heyes award for ‘nuisance‘ due to Canada line cut-and-cover construction, now upholds a class-action lawsuit by Cambie Street merchants for nuisance for Canada Line cut-and-cover construction. Only in BC you say? Very strange indeed.

It must be noted that no compensation was offered to merchants and businesses along the Canada Line route whose businesses were bankrupted or severely effected by almost four years of cut-and-cover construction. Zwei has yet to find an example where a compensation package has not been offered to merchants affected by transit construction, except for Vancouver that is.

The following comment is from the intrepid Susan Heyes, who has been reduced as a self representative litigant to the Supreme Court of Canada. I for one wish her luck.

ai???But in a ruling released Wednesday, B.C. Court of Appeal Madam Justice Elizabeth Bennett noted that much of Canada Lineai??i??s argument was founded on a finding that there was no nuisance, which she did not

My Application for Leave to Appeal as a self-represented litigant to the Supreme Court of Canada is now filed, and must be heard.

Well done, Elizabeth Bennett. There is hope for justice to prevail at long, long last.




Appeal Court upholds Canada Line class-action of Cambie Street merchants

By NEAL HALL, VANCOUVER SUNJune 15, 2011 1:04 PM

Photograph by: ian Lindsay, Vancouver Sun Vancouver Sun

VANCOUVER – A class-action lawsuit by Cambie Street merchants over the disruption and nuisance caused by building the Canada Line rapid transit system has been upheld by the B.C. Court of Appeal.

In a ruling released today, three judges of the Appeal Court decided to dismiss an appeal by the builders of the $2-billion line, which runs from downtown Vancouver to the airport.

The question on appeal was whether the lower court judge erred in concluding the claims of businesses and property owners affected by the prolonged construction have common issues that can be resolved in a class-action.

The three-judge appeal panel unanimously ruled that the judge did not err and it is not necessary to consider individual losses in order to determine whether a nuisance was created by the construction of the Canada Line.

“In my view, the chambers judge did not err when he concluded that the class proceeding would advance the litigation in a meaningful way,” Appeal Court Justice Elizabeth Bennett wrote.

“I would not interfere with his conclusion that the class action is the preferable procedure.”

Chief Justice Lance Finch and Justice John Hall both agreed to dismiss the appeal.

The representative plaintiff in the case is Gary Gautam, who ran a business in an area on Cambie Street between 2nd and 25th Avenues known as the “Cambie Village.”

Justice Ian Pitfield decided last February to certify the class-action lawsuit, finding the common allegation is that construction substantially interfered with access to the properties or businesses owned or operated by members of the class.

Construction of the Canada Line was originally proposed as a bored tunnel under Cambie, which was not expected to disrupt businesses in the area, but the builders decided to go with “cut-and-cover” construction, which required a five-storey pit that was loud, dusty and cut off access to businesses.

Construction started in 2005 and lasted until 2009. The Canada Line opened last year before Vancouver hosted the Winter Olympics.

The full judgment is online here:

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