More Cambie Street merchants file lawsuit over Canada Line

 

 
 
 
 
Construction on the Canada Line disrupted both pedestrian and vehicle traffic and dramatically reduced the customer traffic for businesses along the route.
 

Construction on the Canada Line disrupted both pedestrian and vehicle traffic and dramatically reduced the customer traffic for businesses along the route.

Photograph by: Mark van Manen, Vancouver Sun, Files, Vancouver Sun

VANCOUVER -- More Cambie Street merchants have filed a lawsuit seeking damages for disruption to their businesses caused by building the Canada Line rapid transit system from downtown Vancouver to Richmond.

Last year, one Cambie Street merchant, maternity store owner Susan Heyes, won her court case and was awarded more than $600,000 in damages.

That decision is under appeal, which is scheduled to be heard in April.

Now more than 40 other businesses along Cambie Street have filed a lawsuit, alleging the Canada Line was initially going to be built using a bored tunnel but it was decided to instead use the more disruptive cut-and-cover construction method.

The latest legal action states the construction of a pit that was five-storeys deep was a "nuisance" that significantly impaired the ability of the public to access the businesses, which range from Robinson Lighting & Bath Centre to restaurants, grocery stores and a hairstyling salon.

Some businesses were forced to close or chose to relocate before the $2-billion Canada Line began operating last year.

Cameron Ward, the lawyer who handled the Susan Heyes legal action, is also handling the latest lawsuit, which names as defendants Canada Line Rapid Transit Inc., South Coast British Columbia Transportation Authority, Intransit B.C. Limited Partnership and Intransit British Columbia G.P. Ltd.

Earlier, a class-action lawsuit representing another 250 business was filed in B.C. Supreme Court. After hearing legal arguments last November, Justice Ian Pitfield has reserved judgment on the whether the action will be certified as a class-action.

nhall@vancouversun.com

 
 
 
 
 
 
 
Construction on the Canada Line disrupted both pedestrian and vehicle traffic and dramatically reduced the customer traffic for businesses along the route.
 

Construction on the Canada Line disrupted both pedestrian and vehicle traffic and dramatically reduced the customer traffic for businesses along the route.

Photograph by: Mark van Manen, Vancouver Sun, Files, Vancouver Sun

 
 
 
 
 
 
 
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To Lawson The Liberal
 
January 19, 2010 - 12:38 PM
 
 

TransLink may have committed the crime against the Cambie Street merchants but the COV engineers held open the door for the crime to happen.  These engineers threw the Cambie Street merchants to the dogs to appease TransLink, and COV engineers provided the construction permits for TransLink to rip up the roads.

City of Vancouver engineers failed us and did not protect us as mandated in their code of ethics.  I’m disgusted at the low character of engineers who have risen to the top of the heap at the COV.  I’d like to see APEGBC investigate these COV engineers for their lack of due diligence on Cambie Street.

   
 
SAWTHATCOMING
 
January 19, 2010 - 8:26 AM
 
 

I thought it was bad enough until I read that there isn't even a train stop in the cambie business area?? How utterly moronic. I hope those merchants take them to the cleaners. And I don't mind paying damages for a righteous fight. A lot better than paying for that ridiculous 5 ring circus, thats for damn sure.

   
 
guilty
 
January 19, 2010 - 7:58 AM
 
 

All these lawsuits will only result in a windfall  for a few lawyers.

It is job security because of the time to go through courts.

By the time its over there kids will be through univercity and vacationing in there villas

   
 
We're left holding the bag
 
January 19, 2010 - 4:39 AM
 
 

As Greedo Scampbell and his insiders get their pockets stuffed with cash to finance this debacle privately, we'll be left holdong the bag of contrinued lawsuits and payoffs to that very "Private" company to the tune of 20 plus million dollars per Year for 20 PLUS YEARS. How is this better than a crown corporation. Instead of the extra money (OURS) going back into the economy, it instead is shipped out of the country, no doubt into Greedo and Conspirators offshore bank accounts. An inquiry has to be undertaken and the people responsible have to be charged criminally, including the BIGGEST CROOK TO EVER HOLD OFFICE IN BC, GREEDO (GUIDO) SCAMPBELL.

   
 
Cambie Resident
 
January 19, 2010 - 4:25 AM
 
 

I hope the merchants really stick it to all those they are suing...

The vast majority of taxes in Canada are paid by companies with less than 6 employees.  These merchants are the heart and lifeblood of the Canadian economy.

All business owners should rally around the Cambie merchants so that this never happens again.  

Unfortunately there is no such thing as 'government stupidity insurance.'

I would be in favour of paying the merchants a percentage of the revenue from the Canada Line forever....

   
 
drop in the bucket
 
January 18, 2010 - 8:47 PM
 
 

Ken, the $600K award is a drop in the bucket for TransLink which has a $916 million budget. TransLink wastes more each day on empty buses to put on a show for us.  TransLink can pay for the $600 K by firing the people who messed up as they do very little and are just wasting taxpayers' money.

   
 
Ken
 
January 18, 2010 - 7:38 PM
 
 

So translink messed up - they will be ordered to pay damages and then those damages will be passed on to  motorists. It's hardly fair and those who made the decisions should be held accountable by which I mean they should be subject to disciplinary action and fired. They are incompetent and there is no reason why motorists should pick up the bill and they should continue to draw massive salaries.

   
 
GOOD!!
 
January 18, 2010 - 6:47 PM
 
 

Time to start cutting cheques to innocent business owners.,......for totally bad management of a large scale transit construction project.. how stupid can they be????????????

   
 
Eric Chris
 
January 18, 2010 - 6:28 PM
 
 

Excellent!  I hope that TransLink get's its tail kicked!

I grew up in Edmonton where it took five years of careful planning and construction to keep costs reasonable to extend light rail to U of A where it was needed.  Edmonton Transit "bored" under the entire city downtown and built a new rail bridge across the river, complete with a bikeway suspended underneath the rail bridge, for much less than $2 billion, I’m sure.  

In Vancouver, TransLink woke up one day with its pants down and started ripping up roads while the COV engineers sat around looking like fools, letting it happen, to bankrupt a great many businesses on Cambie Street.  Only a bunch of total morons would extend rapid transit out to Richmond which is below sea level in an earthquake prone unstable silt formation.

This RAV Line wasn't necessary and has bankrupt TransLink.  When the thousands who move out to Richmond to take the RAV Line die in the next earthquake as Richmond slides under the Pacific Ocean, I want to see TransLink put on trial for murder or negligence since you can’t the top dogs at TransLink on trial for stupidity!

   
 
Be informed - Read (know) the Story
 
January 18, 2010 - 5:28 PM
 
 

Re: fine, DJ and Henry.  

Does anyone read these stories or follow them?  The merchants in question lost money as a result of the construction of the Canada Line Skytrain.  If they were making money they wouldn't be in court seeking compensation.  

The businesses were in leases and couldn't get out of them.  They couldn't make ends meet because of the construction preventing people from getting to the shops(I tried to go to some of these businesses and it was a parking nightmare).  You can't just move when you are in a lease.  Some businesses had to move, some to close up shop.  The owners of the building were also left in the lurch because of businesses having to close their business when rents could not be paid to the landlords.  

As for future benefits of the Canada Line, that's great if you can wait years for construction to finish and all of our bills are put on hold while your life is disrupted and those of your creditors.  More people than just the merchants were hurt by the change

of plans from underground tunneling to the cut and cover method.  The city was asked to be responsible with regards to the taxation of the affected businesses, but to no avail.  The city wanted their pound of flesh and wasn't going to back down.  There is enough blame to go around.  

Lastly, if there was no merit to this lawsuit, the courts would have throw out the case before it even got to trial.  The city and provincial government, and TransLink thought they could run roughshod over these merchants and win.  I guess bullies don't always get their way.  

   
 
TN
 
January 18, 2010 - 5:25 PM
 
 

be realistic - if they could not even survive the building period and force to close, how would they be able to reap the benefit later?  

   
 
Lawson The Liberal
 
January 18, 2010 - 5:24 PM
 
 

They should be filing a law suite against the City of Vancouver and Vanoc.

   
 
Dale
 
January 18, 2010 - 5:04 PM
 
 

To " Henry "and " Fine "

Check your head for brains !!

The loss of revenue,business,financially bankrupted and ruined many who could not continue to stay in business.

Talk is cheap Henry,you have to hang on financially before you can hope to recover the losses that were sustained during the construction period,which was long and devistating.How long could you stay in bisiness,pay taxes heat rent and insurance,with everything going out and nothing coming in.

I would be willing to bet that if this happened to you,you would be singing a different tune.

'fine'  get your head straight, - the businesse owners were lied to.

They were told that rapid transit would we a tunnel,not ' cut and cover ' by the very ones who are now being sued.Were they wrong by lying to the Cambie st.owners?

You bet.  

Did the contractors and principles involved know why they lied,sure they did and they did it intentionally.I believe that the reason they did this is if they said it was going to be 'cut and cover' there would have been a hue and cry,delays,and court hearings.

This would have resulted in a delay in time for the Campbells Olympics.

But they are still not finished in screwing the merchants.

I give them credit for fighting for their rights by suing,everyone that destroyed viable healthy businesses,with what I believe were lies,unnecessary and cold hearted delays,that the principles of the Rapid Transit had little respect for.

The Cambie st.merchants at least have the guts that the rest of us in BC do not have the guts to fight for.For our rights and freedoms,when they have been abused so devistatingly.

We have let Campbell continue to screw us and this province over and over again,with out doing anything to protect  our families,rights and freedoms.

I say give em hell and make them pay and pay dearly for their actions.

   
 
Larry
 
January 18, 2010 - 5:04 PM
 
 

Are we prepared to use our tax dollars to pay these folks for their alleged losses?

Last time I looked Robinson's new bathroom addition seemed busy. Can't be all that bad.

What we as a society have to do is reject being a victim - that is accept that life is hard and stop blaming others for your misfortune.

I for one hope that I don't subsidize the Cambie Merchants any more than I already have.

   
 
yeah right
 
January 18, 2010 - 5:00 PM
 
 

NONE of these businesses were actually pre-warned about the impending cut-and-cover scenario vs. that of the "bored tunnel".

Given the nature of running a small business in a competitive marketplace, if provided the opportunity; or at least an honest instruction on what to expect; most (not all) business owners would have established a backup plan - either move on or out. A plan that would allow them to re-evaluate their business model during the disruption so that they could weather the 'storm' accordingly.

However, what I don't get is how some here think it is a 'blessing' and businesses should just shut up and take it.

Business is survival of the fittest no doubt, but if they are not able to exist AFTER the line is built due to the shear negligence of the lack of clarity by the government, how does it make it the business owners fault? If a government funded project wasn't clear to my business about its intensions and how this would adversely effect my profits, I would be outraged as well! Good luck to the litigants.

   
 
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