May 27, 2009 update: WE WIN, AGAINST ALL ODDS! Read the decision of the Honourable Mr. Justice Pitfield here:

Judge Pitfield, re Heyes v. City of Vancouver,05-27.pdf


April 3, 2009 update: The trial of Susan Heyes’ Inc. dba Hazel & Co.’s claim for damages for nuisance caused by Canada Line construction ended today with the Honourable Mr. Justice Pitfield advising the parties that judgment will be reserved.


March 31, 2009 update: The parties’ closing submissions have been scheduled to commence Wednesday, April 1, 2009 at 10:00 a.m. before the Honourable Mr. Justice Pitfield in courtroom 33, The Law Courts, 800 Smithe Street, Vancouver. The closing submissions are anticipated to be completed by Friday, April 3, 2009.

March 18, 2009 update: The Court heard testimony from former BC Finance Minister Carole Taylor and a City of Vancouver engineer, Lon LaClaire. Tomorrow’s witnesses are expected to include former city councillor Anne Roberts and Hazel & Co.’s store manager, Lynn Cromie.

March 13, 2009 update: We have consented to a request from the Defendants’ lawyers that the trial start Wednesday, March 18, 2009 and that certain preliminary motions be heard on Monday, March 16, 2009. The Defendants are applying for orders that notices compelling Kevin Falcon and Carole Taylor to attend as adverse witnesses be set aside, as well as an order that documents be subject to a confidentiality order.


The trial of a Cambie Street small business’ claim for damages due to cut and cover construction disruption is scheduled to start in British Columbia Supreme Court on Monday, March 16, 2009.

The action involves Susan Heyes Inc. doing business as Hazel & Co. (Plaintiff) versus the City of Vancouver, the governments of BC and Canada, Translink, Canada Line Rapid Transit Inc. and InTransit BC Limited Partnership (Defendants) and is filed under Action no. S054152 in the Vancouver Registry.

The Plaintiff alleges that the Defendants’ actions, including misrepresentation and private nuisance, caused it business losses and seeks general, special, aggravated exemplary and punitive damages, interest and costs. None of the allegations have been proven in Court.

The trial is expected to last three weeks and hear testimony from a number of key government witnesses.