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REAL ESTATE unco-ordinated construction process. They also claim the city and transit authority officials treated the business people with hostility, misrepresentation, and callous indifference. The claim was not for injurious affection but for gross negligence, nuisance, and abuse of power. The Ontario Superior Court, however, dismissed the action on the grounds that it should take the form of an injurious affec- tion claim before the OMB. On Feb. 7, the Ontario Court of Appeal also dismissed it. In Vancouver, the owner of a mater- nity clothing store was awarded $600,000 in 2009, in a negligence claim over the construction of a rapid transit line that disrupted the normally vibrant Cambie TitlePlus_CL_Mar_10 2/11/10 12:54 PM Page 1 Village shopping district for three years to the extent that, according to one newspa- per report, it resembled a war zone. This award was, however, quashed by the Court of Appeal for British Columbia last year. A key issue in the case of Susan Heyes Inc. v. South Coast B.C. Transportation Authority was a decision to choose the least expen- sive, but most disruptive, method of con- structing the transit line, which involved excavating a deep open trench along the street, rather than tunneling under it. In reversing the lower court's ruling, the appeal court found that Heyes had a valid claim for nuisance and did suffer heavy losses, but that the transportation author- ity had the statutory power to build the transit line by the method it chose. Saxe says Heyes is an indication that it is getting harder to advance such claims. But, she observes, these cases do pose almost impossibly difficult questions about who should be compensated, for how much, for what kinds of loss, at what expense to the public, and at what cost in terms of cutting back on necessary and beneficial public projects. "These are very important questions and they will be on the front pages probably for a long time," she says. Freelance journalist and business writer Kevin Marron can be reached at kevin@ kevinmarron.com. Everything you need Together we have all the tools The TitlePLUS® protect your clients from title risks.1 Program works with you to help With the right tools we assist you, through our legal serv- ices coverage2 , by reducing the inconven- ience of dealing with a loss as the result of an error or omission in your real estate transac- tions. To ensure your clients get the most compre- hensive coverage in one policy, take a look at the TitlePLUS Program, your Bar-related® estate partner! real PROTECTION AS GOOD AS IT GETS 1-800-410-1013 1 titleplus.ca Please refer to the policy for full details, including actual terms and conditions. The TitlePLUS policy is underwritten by Lawyers' Professional Indemnity Company (LAWPRO®)/ Assurance LAWPRO®. Assurance LAWPRO is a registered name used in Québec by Lawyers' Professional Indemnity Company. Contact LAWPRO for brokers in Manitoba, Alberta and Québec. 2 Excluding OwnerEXPRESS® policies and Québec policies. ® TitlePLUS, the TitlePLUS logo, OwnerEXPRESS, LAWPRO and Assurance LAWPRO are registered trademarks of Lawyers' Professional Indemnity Company. ® BAR-RELATED Mark is a registered Mark of North American Bar Related Title Insurers used by LAWPRO under License. 22 M A RCH 2012 www. CANADIAN Lawyermag.com

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