HomeDiagramsDatabaseMapsForum About
     

Go Back   SkyscraperPage Forum > Regional Sections > Canada > Alberta & British Columbia > Vancouver > Transportation & Infrastructure


Reply

 
Thread Tools Display Modes
     
     
  #1  
Old Posted Mar 16, 2009, 11:38 PM
mr.x's Avatar
mr.x mr.x is offline
Registered User
 
Join Date: Dec 2003
Location: Stockholm
Posts: 12,805
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
© Copyright (c) The Vancouver Sun
http://www.vancouversun.com/news/fin...361/story.html
Reply With Quote
     
     
  #2  
Old Posted Mar 16, 2009, 11:48 PM
djmk's Avatar
djmk djmk is offline
victory in near
 
Join Date: Sep 2008
Location: North Vancouver
Posts: 1,569
3 week trial?

i love to know what is being spent on legal fees.
Reply With Quote
     
     
  #3  
Old Posted Mar 17, 2009, 12:51 AM
Distill3d's Avatar
Distill3d Distill3d is offline
Glorfied Overrated Guest
 
Join Date: Sep 2006
Location: Vancouver (Burnaby), British Columbia
Posts: 4,151
sigh. sometimes i wish the "suck it up and deal with it" attitude Ralph Klein had in Alberta should make its way here.
__________________
The Brain: Pinky, are you pondering what I'm pondering?

Pinky: I think so, Brain, but this time, you put the trousers on the chimp.
Reply With Quote
     
     
  #4  
Old Posted Mar 17, 2009, 2:21 AM
SpongeG's Avatar
SpongeG SpongeG is online now
Registered User
 
Join Date: Jun 2006
Location: Coquitlam
Posts: 39,106
isn't the same group now doing a class action suit because of the olympic 2010 road closures?

I saw something on the news about cambie street merchangts suing over the road closures in 2010
__________________
belowitall
Reply With Quote
     
     
  #5  
Old Posted Mar 17, 2009, 6:29 PM
Locked In's Avatar
Locked In Locked In is offline
Registered User
 
Join Date: Aug 2008
Location: Vancouver
Posts: 1,974
Quote:
Transportation minister cannot be compelled to testify at trial, judge rules

By Neal Hall, Vancouver Sun - March 17, 2009 11:16 AM


VANCOUVER - Transportation Minister Kevin Falcon cannot be compelled to testify at a civil trial starting Wednesday because the legislature is in session, a judge ruled today.

B.C. Supreme Court Justice Ian Pitfield decided that Falcon enjoys parliamentary privilege excluding him from being compelled to testify because the legislature is currently in session.

Business owner Susan Heyes, who is suing the province and the city among others to seek compensation for business disruption caused by the construction of the Canada Line rapid transit project along Cambie Street, had applied to have Falcon testify.

Heyes' lawyer, Cameron Ward, said notice was served on Falcon to testify for one hour this week, while the legislature is not sitting, and had even requested that the minister waive parliamentary privilege.

He suggested Falcon could testify toward the end of trial in April, when then legislature is expected to be dissolved before the May 12 provincial election.

But the judge said he was bound by the law of parliamentary privilege, noting the B.C. legislature adopts a practice of being perpetually in session.

The trial is scheduled to start Wednesday with former finance minister Carole Taylor expected as the first witness.

Heyes is calling Taylor as an adverse witness, meaning her lawyer can cross-examine Taylor about construction of the Canada Line. Taylor's constituency office was on Cambie.

Vancouver Mayor Gregor Robertson and a senior city engineer are also being called as adverse witnesses at the three-week trial. Before being elected mayor, Robertson was a vocal supporter of compensation for Cambie street merchants.

Ward said in court this week that 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 Cambie and 63rd.

The final plan resulted in cut-and-cover construction along more than 30 blocks of Cambie, which devastated business – about 50 shops either moved or went under.

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.

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 said earlier that the decision to dig a deep open trench on Cambie cost her $900,000 worth of lost sales, causing her to twice remortgage her home to stay in business.

nhall@vancouversun.com
© Copyright (c) The Vancouver Sun
Source: Vancouver Sun
Reply With Quote
     
     
  #6  
Old Posted Mar 17, 2009, 6:58 PM
flight_from_kamakura's Avatar
flight_from_kamakura flight_from_kamakura is offline
testify
 
Join Date: Mar 2008
Location: san francisco and montreal
Posts: 1,319
it all sounds frivolous, but this taylor broad could drop some interesting tidbits on the decision-making process, and this suit might well lead to some interesting changes on how these sorts of things go through, we'll see.
Reply With Quote
     
     
  #7  
Old Posted Mar 17, 2009, 7:25 PM
lightrail lightrail is offline
Registered User
 
Join Date: Oct 2007
Posts: 809
Quote:
Originally Posted by flight_from_kamakura View Post
it all sounds frivolous, but this taylor broad could drop some interesting tidbits on the decision-making process, and this suit might well lead to some interesting changes on how these sorts of things go through, we'll see.
Seems like a waste of time pursing the lawsuit. When the city undertakes road works, nobody gets compensated. Isn't it the same thing?
Reply With Quote
     
     
  #8  
Old Posted Mar 17, 2009, 7:51 PM
zivan56 zivan56 is offline
Registered User
 
Join Date: Oct 2005
Location: Vancouver
Posts: 1,207
There is a difference between "roadwork" and minimal accessibility/no parking for over 3 years. I actually live near Cambie Village, and I avoided even walking on Cambie if I could...
Reply With Quote
     
     
  #9  
Old Posted Mar 20, 2009, 4:38 AM
whatnext whatnext is offline
Registered User
 
Join Date: Feb 2009
Location: Vancouver
Posts: 22,112
Quote:
Originally Posted by Distill3d View Post
sigh. sometimes i wish the "suck it up and deal with it" attitude Ralph Klein had in Alberta should make its way here.
You'd be singing a different tune if it was your small business that was affected.
Reply With Quote
     
     
  #10  
Old Posted Mar 21, 2009, 9:27 AM
ravman ravman is offline
BANNED
 
Join Date: Mar 2008
Posts: 560
At yesterday's proceedings for the lawsuit brought by former Cambie Street merchant Susan Heyes, Ms. Taylor said she had concerns about how the public cannot exert control over projects that are constructed through public private partnerships.

more info: NDP Press Release
Reply With Quote
     
     
  #11  
Old Posted Mar 21, 2009, 3:57 PM
johnjimbc johnjimbc is offline
Registered User
 
Join Date: Jul 2007
Posts: 766
I am actually working a bit against form now, but I hope the merchants win - and win big - though I wouldn't hold out a lot of hope that they will.

It is clear to me the city really contributed next to nothing to minimize the impacts on those business, and I think the heavy-handed 24-hour parking closures during the Olympics are the final straw, even if it isn't an action directly related to the lawsuit.

The attitude projected is "We're doing this wonderful thing so just suck it up for 4 years" (3 years construction plus losses during the most important event in the city in 2 decades).

If they had put even a fraction of effort and time into creating parking zones, or financial relief (tax relief, etc). Heck, even if they had co-sponsored occasional weekend events along the merchant corridors of Cambie, etc, I think they could have assisted those merchants and generated some good will. Instead it is clear to even a casual observer that the merchants were treated with little or no regard, just casual annoyances to "the plan."

It was heavy-handed and did not have to be that way. I've seen cities put more effort into helping businesses in a shopping district for a 2-week street re-paving project than was done for these businesses during a 3-YEAR project. I lived near the construction of a major convention center while living in DC, and the businesses facing the site (which was essentially a huge pit during the first year of construction) were given tax relief, subsidies for facade improvements they could perform on their own businesses, and other allowances, in addition to paid advertising to create a market image for the businesses to raise awareness in the greater community. It was a very similar situation when you think about it, since if the businesses could make it through the rough patch, they too would gain great benefit from the proximity to the new site. But you have to make it through the lean times to get to that point. And 3 years is a long time to just hold on.

The fact that there was nothing like that in this instance really speaks to how badly this was handled. Was there any assistance at all provided to those merchants? (maybe I am missing something). But that is what I've observed.
Reply With Quote
     
     
End
 
 
Reply

Go Back   SkyscraperPage Forum > Regional Sections > Canada > Alberta & British Columbia > Vancouver > Transportation & Infrastructure
Forum Jump


Thread Tools
Display Modes

Forum Jump


All times are GMT. The time now is 9:03 AM.

     
SkyscraperPage.com - Archive - Privacy Statement - Top

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.