About A. Cameron Ward & Company

A. Cameron Ward & Company is a progressive law firm with offices in Vancouver, British Columbia. It was founded in 1993 by Cameron Ward, a trial lawyer who was called to the Bar in 1984. The firm's lawyers have handled many important and complex cases over the last decade and are committed to providing representation and advocacy services for clients with a wide variety of legal problems. The firm has expertise in the areas of civil liberties, personal injury, product liability, medical and professional negligence, contracts, administrative law and criminal law. Its lawyers have represented major corporations, societies and individuals in all levels of Canadian courts and in various tribunals.

more >>

"Injustice anywhere is a threat to justice everywhere."
- Martin Luther King, Jr.

Yesterday, Ivan Henry emerged from Mountain Institution into the waiting arms of his family, hours after Mr. Justice Lowry of the Court of Appeal decided that he could be released pending the hearing of his appeal. Mr. Henry was arrested nearly 27 years ago, when his two daughters were nine and six years old, and he had been imprisoned ever since. In January, the Court of Appeal granted him the extraordinary opportunity to appeal his convictions for sexual assault on the merits.

At his original trial before a judge and jury, Mr. Henry defended himself. The Crown tendered no physical evidence to link him to any of the crimes he was accused of. The only evidence was eyewitness identification evidence from the female complainants, after many had participated in viewing a questionable lineup:

Portion of a photo of the lineup, from The Vancouver Sun
......

Friday's decision is due in no small measure to the hard work of Mr. Henry's legal team, especially David Layton, Marilyn Sandford and law student Tony Paisana. On a personal note, being present for the reunion of Mr. Henry and his family was quite a thrill, and is no small reward for deciding to enter this profession all those years ago...

more >>

June 19, 2009 update: The Defendants have filed and served a Notice of Appeal today.

.....

In a judgment released May 27, 2009, the Honourable Mr. Justice Pitfield of the Supreme Court of British Columbia found that the construction of the Canada Line constituted a nuisance to Ms. Heyes' business at 16th and Cambie, Hazel & Co., and awarded it damages of $600,000 plus interest, costs and disbursements. Read the Reasons for Judgment here: upload

Our firm has received many enquiries about this matter. The following is a general response to questions that have frequently been asked and should not be considered legal advice. If specific legal advice is required, please feel free to contact Mr. Ward by e-mail by clicking the link at the bottom of this page. (cward@cameronward.com)

FREQUENTLY ASKED QUESTIONS:

Q. What happened in Susan Heyes’ lawsuit?

A. In 2005, lawyer Cameron Ward started an action in the Supreme Court of British Columbia on behalf of Susan Heyes Inc. doing business as Hazel & Co. The claim alleged that those responsible for the project, then known as the RAV Line, for "Richmond/Airport/Vancouver", had misrepresented the nature of the manner of construction, had created a nuisance and/or were negligent. After extensive pre-trial procedures, including the exchange of thousands of pages of documents and several days of examination for discovery, the case went to trial. On May 27, 2009, following about three weeks of evidence and argument, the trial judge found that Hazel & Co. had suffered a nuisance as a result of the cut and cover construction at 16th and Cambie. The Court awarded Ms. Heyes’ business damages of $600,000 for lost business income, plus interest and court costs.

Q. Will the judgment be appealed?

A. The defendants have thirty days to file an appeal to the British Columbia Court of Appeal. As of June 5, 2009, no appeal had been commenced yet.

Q. My business was affected too. What are my options?

A. You should seek legal advice about your specific situation without delay, as limitation periods may apply. The judgment won by Ms. Heyes is significant, and may have implications for others with similar claims.

Q. I have heard about a class action. What is the status of that?

A. A Vancouver law firm recently commenced a case on behalf of two businesses and a couple of individuals who claim that they were adversely affected by Canada Line construction. While the plaintiffs purport to represent others, the case is not a class action yet; it would have to be certified by the court to proceed as a class action and there is no indication yet when or if such certification will occur. If the case becomes certified as a class action, anyone can choose to opt in or opt out. This case is at a very early stage, as a Statement of Defence has not yet been filed and there has been no exchange of documents or discovery. No trial date has been set.

more >>