VANCOUVER — The B.C. Court of Appeals has sided with TransLink in a class action lawsuit appeal over impacts to Vancouver businesses during the construction of the Canada Line, setting the stage for more legal proceedings.
According to court documents, the appeals court judges ruled that while previous judges were correct in concluding that the substantial interference caused by the Canada Line construction was an “unreasonable interference to three Cambie Street businesses,” they erred in how they calculated damages.
New trials have been set for the owners of the Park Theatre and Thai Away Home restaurant while the owner of Festival Cinemas had his case dismissed.
Festival Cinemas, owner of the theatre, won $128,880 in damages in 2018. Dale Dubberley, owner of the restaurant, had won $44,560. Gary Gautam, owner of the Cambie General Store, won $7,600 in 2018.
The courts previously found that the repaving and refinishing process for the project, which was completed by the City of Vancouver in October 2008, continued to interfere with the plaintiffs’ property after the cut and cover portion of the construction was complete. The tunnelling, which continued north of 16th Avenue well into the summer of 2008, also contributed to ongoing restricted access to the plaintiffs’ premises.
The Canada Line is a 19 kilometre rapid transit rail system connecting downtown Vancouver, the Vancouver International Airport and Central Richmond. It has 16 stations, two bridges and nine kilometres of tunnel.