Court Limits Liability For Nuisance, Expands Injurious Affection Claims For Public Infrastructure Projects

In November, the B.C. Supreme Court (Court) issued an important decision in the long-running litigation saga arising from the construction of the SkyTrain's Canada Line between Vancouver's downtown, the suburb of Richmond, and Vancouver's international airport. The decision has significant implications for public infrastructure projects, in identifying those kinds of claims that may successfully be brought as a result of large-scale construction and the limits on such claims. This is particularly topical given the federal government's announcement that it intends to fund a series of major public infrastructure projects across the country in the near term.

In Gautam v. Canada Line Rapid Transit Inc. (Gautam), the Court gave reasons after a common issues trial in a class action about the impact of the Canada Line's construction on a group of merchants and property owners along Cambie Street in Vancouver. Built in part for Vancouver's 2010 Winter Olympics, the Canada