Susan Heyes doesnt know whether shell have to pay $600,000 back.
The former Cambie Street merchant learned Oct. 20 that her appeal to the Supreme Court of Canada of a February court ruling against her had been dismissed without reasons.
In 2009, Heyes won a $600,000 award when the B.C. Supreme Court found agencies involved in Canada Line construction liable for $600,000 in lost revenue for Hazel and Co., her former maternity and womens wear shop on Cambie.
In February, the B.C. Court of Appeal overturned that ruling.
Heyes calls the decision of the countrys highest court obscene.
Every small business should write a letter to the Supreme Court of Canada and express how important small businesses are to Canada as a country, our economy, our neighbourhoods, she said. What it says is that any small business can be destroyed in the process if you happen to get in the way of a huge corporate partnership with government to build a mega-project.
Heyes expressed concerns about the eleventh-hour switch to trenching construction as opposed to bored-tunnel work for the rapid transit line before the street in front of her shop was dug up in 2005.
In 2009, B.C. Supreme Court Justice Ian Pitifield found TransLink, Canada Line Rapid Transit and InTransit B.C. liable for $600,000 in lost revenue for her shop because of the nuisance caused to her business by Canada Line construction.
Pitifield found cut-and-cover construction was the sole cause of Hazel and Co.s loss of business income between 2005 and 2008. He noted that cut-and-cover construction was chosen because it was cheaper than boring a tunnel, and along with other changes to the SNC-Lavalin/Serco proposal for the work, reduced construction costs by more than $400 million.
But the appeal court found otherwise and the Supreme Court of Canada chose not to hear the case of Heyes, who represented herself in the final appeal.
TransLink spokesperson Ken Hardie said the transit authority isnt commenting on whether it will request repayment of Heyess award.
Were letting the Supreme Court decision sink in before we look at what happens next, he said.
Heyes said she is not dwelling on what might happen. I cant imagine theyd be that mean-spirited. I cant imagine, given that theres a class action pending, as well Why do I have to pay back the entire $600,000 when $300,000 went to my [former] lawyer?
Cambie Village merchants launched a class action suit in 2008 seeking damages for the aftermath of Canada Line construction. The suit that represents 62 individuals or companies that own property and 215 individuals that lease property between West Second Avenue and King Edward on Cambie Street has yet to be heard.
The six-year David and Goliath battle for Heyes has been a rough rollercoaster ride. So would she sue again?
This was a gross injustice and I think I would stand up for what I believe and attempt to rectify the situation, she said. I cant imagine that I would make any different choice.
crossi@vancourier.com
Twitter: @Cheryl_Rossi
