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Farris LLP: Vancouver's Law Firm

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04 July 2011

Macintosh, McDonell, Hern and Dickson Appear in Lexpert’s Big Suits on Canada Line Construction Case

Farris Partners George Macintosh, Rob McDonell, Sean Hern, and Associate Tim Dickson appear in the Big Suits section of Lexpert Magazine’s June 2011 issue.

On February 18, 2011, the BC Court of Appeal overturned the trial judgement in Susan Heyes Inc. (Hazel & Co.) v. South Coast B.C. Transportation Authority, 2011 BCCA 77. The case concerned the construction of the Canada Line subway along Vancouver’s Cambie Street.

Both at trial and on appeal, Farris lawyers acted as counsel to the defendants, the South Coast B.C. Transportation Authority. In the Court of Appeal, Justice Kathryn Neilson held that the cut and cover construction was statutorily authorized. Specifically, she found that boring the tunnel was not a reasonable alternative that would have avoided causing a nuisance.

Justice Neilson found that there was only one viable proposal for constructing the Canada Line - the proposal which included cut and cover construction. The cost of the tunnel boring proposal rendered it impossible to construct because there simply weren’t the necessary funds available.

To read the complete ruling, please click here.

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