Canada Line Class Action
UPDATED June 13, 2012
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- Amended Statement of Claim
- Reasons for Judgment Certifying Action
- Reasons for Judgment upholding Certification on Appeal
Between the fall of 2005 and the summer of 2008 the Canada Line subway tunnel was build down Cambie Street in Vancouver through the Cambie Village Business District using a “cut and cover” method of construction. This construction greatly interfered with the public’s ability to access the businesses in the Cambie Village. As a result, the businesses in the Cambie Village were devastated. This Class Action seeks to recover compensation for the losses suffered as a result of the Canada Line construction for those businesses.
Who is included in the Class Action?
All persons who owned a business or property in the Cambie Village between November 1, 2005 and the summer of 2008 are automatically included in the Class Action.
The Cambie Village is defined by the Cambie Village BIA designation by-law, City of Vancouver By-Law No. 9247, which business improvement area covers Cambie Street and its adjoining blocks between 2nd Avenue and King Edward Avenue.
How does the Court of Appeal’s decision in Heyes v. Canada Line affect the class action?
While we are disappointed that the Court of Appeal did not affirm the trial judge’s decision in the Heyes case on all points, we are still proceeding with the class action. In fact, many parts of the decision of the Court of Appeal on the issue of the nuisance created by the construction of the Canada Line, and the statutory authority of the Canada Line to impose that nuisance, is helpful to our action.
The entire decision of the Court of Appeal in allowing the appeal and finding that the Canada Line was not liable to Ms. Heyes in nuisance rises or falls on uncontradicted or unchallenged evidence in the Heyes trial that the Canada Line tunnel could not practically have been built in a less disruptive way. This factual determination is not binding in our case and we will be challenging that evidence. Our position will be that the tunnel could have been built in a less disruptive manner, and therefore the Canada Line is liable in nuisance to the merchants and property owners in Cambie Village.
What is the next step in the Class Action?
Canada Line appealed the decision certifying the action as a class proceeding. On appeal we were successful in upholding the certification decision.
The trial of the Class Action has now been set for three weeks, beginning in November 2013.