| 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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Canada Line Rapid Transit Inc. |
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Appellant |
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InTransit BC Limited Partnership |
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Appellant |
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South Coast British Columbia Transportation Authority |
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Appellant |
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Susan Heyes Inc. |
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Respondent |
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British Columbia (Attorney General) |
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Intervenor |
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Ecojustice Canada |
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Intervenor |
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| Before: |
Decision maker |
Designation |
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Neilson, Kathryn E. |
J.A. |
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Prowse, Jo-Ann E. |
J.A. |
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Saunders, Mary E. |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Dickson, Timothy A. |
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Appellant |
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Hern, Sean |
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Appellant |
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Macintosh, George K. |
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Appellant |
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Hunter, John J.L. |
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Respondent |
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Joseph, Christine May |
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Respondent |
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Christensen, Randy L. |
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Intervenor |
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Gouge, J. Edward |
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Intervenor |
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Horsman, Karen A. |
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Intervenor |
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| Decision: |
Appeal from an award of damages for nuisance. The alleged nuisance arose from the construction of a rapid transit system in the City of Vancouver. On appeal it was alleged by the Appellants that the trial judge had erred in finding that a nuisance had been established. Alternatively it was alleged that if nuisance had been established then the defence of statutory authority was applicable. It was held that nuisance had been established and the defence of statutory authority applied. The award of damages was set aside. |
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| Neutral citation: |
2011 BCCA 77 |
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| ExLaw citation: |
[2011] EXLAW 300 |
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| Parallel citations: |
(2011) 301 B.C.A.C. 210 |
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[2011] B.C.J. No. 250 |
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(2011) 15 B.C.L.R. (5th) 47 |
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2011 CarswellBC 269 |
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(2011) 329 D.L.R. (4th) 92 |
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(2011) 102 L.C.R. 81 |
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(2011) 79 M.P.L.R. (4th) 163 |
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(2011) 510 W.A.C. 210 |
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[2011] 5 W.W.R. 252 |
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