$600K award upended for Cambie businesswoman
Last Updated: Friday, February 18, 2011 | 3:09 PM PT
CBC News
Canada Line construction fouled traffic and eliminated parking on Cambie Street, causing local business losses. (CBC)The B.C. Court of Appeal has overturned a $600,000 damage award to a woman who said her business suffered huge losses during construction of the Canada Line rapid transit system in front of her store.
Susan Heyes said her clothing business on Cambie Street in Vancouver was hurt because the builders of the subway used a cut and cover method to install the line below street level, instead of boring a tunnel.
The construction method fouled traffic and virtually eliminated street parking in the busy Cambie Street shopping area for more than one year.
Heyes said she was shocked and stunned when she learned of the ruling Friday.
She can't pay back the award, having invested half of it to shore up her failing business, said Heyes.
"I've paid $300,000 dollars to my former lawyer. I don't have the award money," she said. "It will place me in enormous jeopardy. I've been fighting this for six years"
Heyes said it's a dark day for justice in B.C. when the legal system supports the disruption of people's livelihoods for government funded for profit ventures.
The B.C. Court of Appeal said in its decision that the Canada Line project obtained the necessary approvals at each phase of construction and was well within its rights to decide upon the less expensive cut and cover option.
Heyes said she doesn't have the finances to appeal the decision, but is hoping a class action lawsuit already underway involving other Cambie Street merchants will take the issue all the way to the Supreme Court of Canada.
With files from The Canadian PressShare Tools
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