Posted Mar 16, 2009, 11:38 PM
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Carole Taylor to testify at Canada Line compensation trial
Quote:
Ex-finance minister Carole Taylor expected to testify at Canada Line compensation trial
By Neal Hall, Vancouver Sun
March 16, 2009 2:02 PM
VANCOUVER - Former B.C. finance minister Carole Taylor is expected to appear as a witness Wednesday at a civil trial involving a former Cambie street store owner seeking damages for the disruption caused by the construction of the Canada Line rapid transit project.
The trial judge may decide Tuesday whether Transportation Minister Kevin Falcon can be compelled to testify.
Robert McDonell, a lawyer for the attorney general of B.C., applied in court Monday for Falcon and Taylor to be excluded from testifying at a civil trial.
He argued before the trial judge, Justice Ian Pitfield, that Falcon is immune from being called because of parliamentary privilege.
The lawyer pointed out that the legislature currently is in session, although it isn't sitting this week, and Falcon is busy with government business.
The judge wanted the government lawyer to provide further written evidence about Falcon and will resume hearing arguments at 9 a.m. Tuesday before making a ruling.
McDonnell said Taylor, who resigned her seat last December to chair a federal government economic advisory council, does not want to be called as a witness but will do so if ordered by the court.
The judge said there was no evidence provided by the provincial government as to why Taylor cannot be compelled to testify, so the application to exclude Taylor as a witness was dismissed.
She is expected to appear Wednesday, when the three-week trial begins, and will be called as an adverse witness, allowing her to be cross-examined by Cameron Ward, the lawyer representing the plaintiff, Susan Heyes.
Ward told the trial judge that Falcon and Taylor are two of four adverse witnesses sought to be called by Heyes.
The others are Vancouver Mayor Gregor Robertson and a senior city engineer, who have not opposed being called as witnesses.
Ward said the theory of the plaintiff is the provincial government wanted the Canada Line built in time for the 2010 Olympics, which caused a shift from the original plan for a bored underground tunnel from Waterfront Station to 63rd Avenueb, to the final plan called for cut-and-cover construction along more than 30 blocks along Cambie.
Heyes' lawsuit against the provincial, federal and city governments along with all the public and private entities responsible for building the Canada Line, claims the a cut-and-cover excavation had a devastating financial impact on businesses along Cambie Street.
Ward cited in court a letter of complaint about the project to Carole Taylor from a man who owned a hair salon on Cambie for 42 years.
"He said his previously viable business was destroyed," Ward told the judge, adding that Taylor's Vancouver-Langara constituency office was across the street from the man's shop, so she had a chance to personally observe the problems with construction.
Ward said the plaintiff intends to call evidence to prove Heyes' claim that the government ignored calls for compensation, which the plaintiff claims was arrogant, high-handed conduct that should warrant aggravated and punitive damages.
Before being elected as mayor of Vancouver, Robertson was a vocal supporter of compensation for Cambie street business owners.
Heyes, the owner of maternity wear store Hazel and Co., decided last year not to renew her lease for the shop, which had been located at Cambie and 16th for 10 years. She moved to new premises on Main Street near 26th.
She earlier said the decision to dig an open trench on Cambie cost her $900,000 worth of lost sales since the fall of 2005, causing her to twice remortgage her home to stay in business.
nhall@vancouversun.com
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http://www.vancouversun.com/news/fin...361/story.html
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