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$2.5M lawsuit filed by ice cream parlour against VANOC

An ice cream parlour near the Olympic Village wants a judge to order a VANOC roadblock be dismantled.

Mario’s Gelati, Amato Gelato and Villa Amato Ballroom and their landlord Espresso Holdings filed a B.C. Supreme Court lawsuit Tuesday claiming $2.5 million in losses caused by VANOC, Vancouver city hall, and the B.C. and federal governments.

The lawsuit claims the defendants illegally closed 1st Avenue between Ontario and Quebec streets because it is not a venue or pedestrian corridor under civic Olympic bylaws. The defendants were signatories of the 2002 Multi-Party Agreement for planning, organizing, financing and staging the 2010 Winter Olympics and Paralympics.

Road construction began March 26, 2009 and was supposed to end last May, but carried on until the end of October. Proper sidewalk access to Mario’s has not been restored, said the lawsuit. Olympic roadblocks caused the “complete inability to rent Mario’s premises to organizations seeking space prior to and during the Olympic period,” said the lawsuit.

Meanwhile, Coast Range Heli-skiing sued VANOC, Vancouver 2010 Integrated Security Unit and the federal and B.C. governments Feb. 11 for private nuisance. Coast Range said it laid-off staff and closed for winter 2010 because temporary security measures made it impossible to do business. The lawsuit said VANOC is compensating Whistler Blackcomb, Cypress Mountain and Whistler Heliskiing for lost business and should do the same for Coast Range.

Cameron Ward, lawyer for Coast Range, won a $600,000 nuisance judgment for Cambie Village retailer Susane Heyes last May because her store lost business during Canada Line construction.

[The Tyee reported Mario’s Gelati’s complaint that VANOC was killing its business on February 4. Read that article here.]

Bob Mackin reports for 24 Hours Vancouver where this report first appeared.


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