Case name: |
Susan Heyes Inc. v. South Coast British Columbia Transportation Authority |
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Jurisdiction: |
Canada - British Columbia |
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Parties: |
Name |
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Appearing as |
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Susan Heyes Inc. |
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Plaintiff |
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British Columbia (Attorney General) |
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Defendant |
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Canada |
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Defendant |
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Canada Line Rapid Transit Inc. |
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Defendant |
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InTransit BC Limited Partnership |
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Defendant |
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South Coast British Columbia Transportation Authority |
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Defendant |
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Vancouver (City) |
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Defendant |
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Before: |
Decision maker |
Designation |
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Pitfield, Ian H. |
J. |
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Lawyers: |
Name |
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Appearing for |
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Ward, A. Cameron |
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Plaintiff |
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Dickson, Timothy A. |
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Defendant |
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Hern, Sean |
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Defendant |
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Macintosh, George K. |
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Defendant |
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McDonell, Robert J. |
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Defendant |
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Experts: |
Name |
Occupation |
Appearing for |
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Milne, Gordon R. |
Accountant |
Plaintiff |
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Decision: |
Action for damages caused by nuisance. The nuisance was alleged to have been caused by the construction of a rapid transit system within a street adjacent to the property from which the Plaintiff operated a business. The action was dismissed against Canada, the Province of British Columbia and the City of Vancouver. An award of damages was made against the remaining Defendants. Damages were assessed in the amount of $600,000. Costs were awarded to the Plaintiff against the same Defendants. |
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Neutral citation: |
2009 BCSC 651 |
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ExLaw citation: |
[2009] EXLAW 311 |
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Parallel citations: |
[2009] B.C.J. No. 1046 |
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(2009) 94 B.C.L.R. (4th) 352 |
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(2009) 98 L.C.R. 81 |
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(2009) 58 M.P.L.R. (4th) 191 |
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[2010] 2 W.W.R. 150 |
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