No Liability in Nuisance for Canada Line Construction

In a significant decision for local governments, the Court of Appeal reversed the decision of the British Columbia Supreme Court in Heyes v. South Coast B.C. Transportation Authority on Friday. In its immediate effect, this decision reverses the award of $600,000 in business losses paid by Translink and its subsidiary and private partner to a business owner on Cambie Street during the cut and cover Canada Line construction. On a broader basis, it may also signal that the courts are not entertaining the broad recovery for nuisance for major infrastructure changes and works suggested by the trial decision.

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