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Appeal filed to overturn Cambie merchant's victory

VANCOUVER - The organizations behind the Canada Line rapid transit project will appeal a landmark court decision that granted a beleaguered business owner hundreds of thousands in damages due to losses from the controversial project.

TransLink, Canada Line Rapid Transit Inc. and InTransitBC, the company set up to build and operate the Canada Line, confirmed Friday they would appeal May's B.C. Supreme Court decision that awarded local merchant Susan Heyes $600,000 in damages.

The organizations say they are appealing because the decision has "potential ramifications for numerous public-sponsored infrastructure projects."

"We believe there are legal and factual errors in the judgement which support an appeal," lawyer George Macintosh, representing Canada Line, was quoted as saying in a press release Friday, a day often used by government and other media savvy organizations to release news that may potentially be unflattering.

In his decision, B.C. Supreme Court Justice Ian Pitfield ruled the controversial "cut-and-cover" method used to build parts of the rapid transit project was "the sole cause" of Heyes' losses, which tallied in the hundreds of thousands.

Heyes has since moved her Cambie Street business to nearby Main Street.

Other businesses affected by the construction are said to be mulling court action, while there are plans for at least one class action lawsuit in the works.

In the meantime, Canada Line, TransLink and InTransitBC say they will pay Heyes' court costs for the original trial, as well as offer to "assist" Heyes with her costs for the appeal, regardless of the outcome.

Irwin Loy reports for Vancouver 24 hours


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