Cabinet minister not required to testify in Vancouver retailer's lawsuit

B.C. Transportation Minister Kevin Falcon will not be required to appear at a civil trial involving a Cambie Street merchant who claims she was forced to close her shop due to construction of the rapid-transit Canada Line.

Susan Heyes, owner of maternity wear retailer Hazel and Co., is suing the city and the provincial and federal governments after she said she lost nearly $1 million in sales because construction halted traffic to her store.

Vancouver Mayor Gregor Robertson will testify at the trial, which is slated to begin Wednesday. Former finance minister Carole Taylor will also appear in court.

A B.C. Supreme Court judge ruled Tuesday that Falcon can be excused from testifying because parliamentary privilege gives him immunity from involvement in civil court cases.

Heyes said she had to mortgage her house to keep her business afloat and is asking to be compensated for damages.

In the past, merchants along Cambie Street have been told by Falcon to cope as well as they can until business rebounds.

Falcon contended that shop and restaurant owners would enjoy an economic boost once the rapid transit line is complete, later this year.

Several businesses have shut down and others have moved to other neighbourhoods in Vancouver since the Canada Line crews dug a massive trench down the street, disrupting traffic and limiting access to businesses.

Heyes recently moved her store from Cambie Street to nearby Main Street.