More than 40 Cambie Street merchants have filed a new lawsuit against those responsible for construction of the Canada Line rapid transit service between downtown Vancouver and the airport.
The lawsuit, filed Thursday in B.C. Supreme Court, names Canada Line Rapid Transit Inc., South Coast British Columbia Transportation Authority, InTransit BC LP, InTransit British Columbia G.P. Ltd. and SNC-Lavalin Inc. as defendants.
The plaintiffs include a range of businesses, including restaurants and retailers. They allege that the "cut and cover" construction method used to build the Canada Line tunnel and stations reduced revenue because it significantly impaired the public's ability to access the plaintiffs' premises.
Their lawsuit also alleges that the reduced access constituted an unreasonable interference in the use and enjoyment of their businesses. The plaintiffs maintain that using bored tunnel construction would have avoided such interference.
They also allege that the cut and cover method was done knowingly and deliberately to minimize Canada Line construction costs and thereby increase the defendants' profits from operating the Canada Line.
The plaintiffs are claiming the cost savings the defendants received from using cut and cover construction rather than the bored tunnel option. If there was statutory authority for the unreasonable interference, the plaintiffs claim the unreasonable interference injuriously affected the plaintiffs and, in effect, expropriated their businesses from November 2005 to September 2009.
They're seeking damages or restitution of the benefit the defendants received through their wrongful conduct in causing a nuisance.