We’ve twice mentioned the BC case, refusing to compensate business owners severely impacted during subway construction: Susan Heyes Inc. v. South Coast BC Transportation Authority. See April and March, 2011. The Supreme Court refused leave to appeal on October 20, 2011.
The current issue of the Journal of Environmental Law and Practice contains Meredith James‘ case comment on Heyes v. BC, focussing on its importance for limiting nuisance claims against governments across the country. She shows how the British Columbia Court of Appeal’s acceptance of the traditional defence of statutory authority limits the applicability of Barrette c. Ciment du St-Laurent inc. outside Quebec, and she analyses the implications of a “common sense” approach to assessing alternatives that includes consideration of cost.