38 for the record
Daily business news at www.biv.com October 18–24, 2011
Trouble Vancouver Claim: Damages for damage caused by a flood of raw sewage from an obstruction in Joey’s grease trap. Defendant: Megabite Pizza Ltd. 410–1333 W. Broadway, Vancouver Plaintiffs: STK Triple Holding Ltd. and Sandeep K. Mand 4691 Rumble St., Burnaby Claim: Rescission, in favour of the plaintiffs, of a franchise agreement due to misrepresentation, negligence and breach; restitution; damages; damages for defamation in favour of Mand; and damages. Defendant: Rio Tinto Alcan Inc. Box 11130, 1055 W. Georgia St., Vancouver Plaintiffs: Jackie Thomas on her own behalf and on behalf of all members of the Saik’uz First Nation and Reginald Louis on his own behalf and on behalf of all members of the Stellat’en First Nation 500–221 W. Esplanade, North Vancouver Claim: A temporary injunction restraining Alcan from conducting its operations at the Kenney Dam in such a manner as to cause nuisances to the plaintiffs, arising from Alcan diverting water toward a reservoir used for power production; and
injunctions. Defendants: The Board of School Trustees of School District #38 (Richmond) Plaintiff: Noah Francis Dosen Argao, an infant suing by his mother and litigation guardian, Andrea Dosen Argao and the said Andrea Dosen Argao Claim: Damages for injuries sustained when the infant plaintiff fell from a metal net frame on the school grounds of Westwind Elementary School. Defendant: Crest Shopping Centre Inc. 1300–777 Dunsmuir St., Vancouver Plaintiff: Barbara James 307–6330 Fraser St., Vancouver Claim: Damages for injuries James sustained when she slipped and fell over a cement slab; and healthcare costs. Defendant: Hall and Haddad Properties Ltd. 216 W. 2nd Ave., Vancouver Plaintiffs: Harry Stryer and Wendy Stryer 2550–555 W. Hastings St., Vancouver Claim: An order requiring the defendant to remove the defendant’s foundation from the plaintiff’s property as the foundation interferes with the plaintiff’s potential redevelopment plans; an order; and damages. Defendants: 615053 B.C.
Ltd. dba Fire Eyed Jack Management and Gateway Hotel Inc. and Abby Garcha and John Doe #1-2 1160–777 Hornby St., Vancouver and 1219 Granville St., Vancouver Plaintiff: Luciano Monteiro Miranda 601–815 Hornby St., Vancouver Claim: Damages for injuries suffered when the plaintiff was pushed or assaulted outside the Gateway Hotel and fell to the ground; and health-care costs. Defendant: The Owners, Strata Plan BCS 2127 103–5711 Mermaid St. Plaintiffs: Davis Bay Development Inc. and Denka Holdings Inc. and Farheen Madatali and Gulizeeba Ventures Inc. 203–1571 Bellevue Ave., West Vancouver and 703–938 Howe St., Vancouver and strata lot 48, Strata Plan BCS 2127 and strata lot 54, Strata Plan BCS 2127 Claim: Specific performance of the agreement for the defendants to replace letters of credit used as security for a sewage treatment facility, arising from breach; and damages. Defendants: City of Vancouver and Her Majesty the Queen in right of the Province of British Columbia and Her Majesty the Queen in right of the Province of British Columbia by her
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representative the Ministry of Transportation and Infrastructure and Her Majesty the Queen in right of the Province of British Columbia by her representative the Ministry of Community, Sport and Cultural Development and Mainroad Lower Mainland Contracting Limited Partnership and Mainroad Lower Mainland Contracting Ltd. 453 W. 12th Ave., Vancouver and Box 9290 6th fl, 1001 Douglas St., Victoria Plaintiff: Kerry Alan Short 500–1122 Mainland St., Vancouver Claim: Damages for injuries sustained when the plaintiff’s bicycle gave way on Imperial Drive, due to fracturing and cracking pavement plus oil and debris on the road surface, causing him to fall; and health-care costs. Defendants: Klondike Contracting Corp. and Eric Schapira 300–1375 W. 6th Ave., Vancouver Plaintiff: T.E.C. Management Ltd. 1100–505 Burrard St., Vancouver Claim: Damages to repair deficiencies in Klondike’s renovation work. Defendants: SerVantage Services Corp. and John Doe 1000–595 Burrard St., Vancouver and address unknown Plaintiffs: Ontrea Inc. and Oxford Properties Group Inc. and Cadillac Fairview Corp. 2600–595 Burrard St., Vancouver and 1200–200 Burrard St. and Vancouver and 1300–777 Dunsmuir St., Vancouver Claim: Damages related to water damage from a sprinkler system. Defendant: 6505589 Canada Inc. dba Winmar Vancouver 1200–925 W. Georgia St., Vancouver Plaintiffs: Dave Kunicki and Roslin Segaar and Economical Mutual Insurance Co. 15975 36A Ave., Surrey and 840 Howe St., Vancouver Claim: Damages related to
Careers
Lawsuit of the week
Tenants sue apartment owner over surprise drug lab inspection Tenants Gina Briggs and Gregory Petrigo are suing the owner of their apartment for what they allege was a “false and unwarranted” drug lab inspection. The statement of claim, filed in B.C. Supreme Court on August 26, names as defendants: apartment owner Paul Lepik aka Paul Lepik, as well as Yuriy Bespalov, Valentyna Bespalov, Colliers International aka Colliers Macaulay Nicolls Inc. and the Vancouver Police Department. The lawsuit alleges that in August 2009, Yuriy Bespalov, Valentyna Bespalov, and Jennifer Gallagher came to Briggs and Petrigo’s Beach Avenue home, ostensibly for a routine suite inspection. “Instead, we were subjected to a false and unwarranted drug lab inspection conducted by a team of four armed undercover Vancouver police drug enforcement officers,” the statement of claim reads. Briggs and Petrigo are suing for damages. The suit claims that the inspection of the plaintiffs’ residence resulted in damages that were caused by “the willful and intentional breach of duty of care as set out in the Residential Tenancy Act” by Lepik and his associates. The court document alleges that the breaches include: -failing to take any or reasonable care to ensure that the plaintiffs or other persons would be reasonably safe in using the premises; and -failing to take any or reasonable measures to prevent injury or damage to the plaintiffs or other persons from hazards or dangers of the premises which Lepik knew or ought to have known were present. The defendants allege that the incident has caused and continues to cause the plaintiffs: pain and suffering, discomfort, sleep disruption, nightmares, inconvenience, loss of earnings, loss of earning capacity, loss of amenities, loss of abilities to perform housekeeping and maintenance duties, interference with recreation and loss of or impairment of capacity to enjoy life. None of these allegations has been proven in court. As of press time, no statement of defence had been filed.
improper fixing of a waterdamaged floor. Defendants: Depuy International Ltd. and Depuy Orthopaedics Inc. and Depuy Inc. and Johnson & Johnson Inc. St. Anthony’s Road, Leeds, Great Britain and 700 Orthopaedic Dr., Warsaw, Indiana Plaintiff: Theodore Wilson Address unavailable Claim: General damages stemming from the failure of a hip replacement. Defendants: Mertin Hyundai and Mertin Imports Ltd. Box 390, 9259 Main St.,
Chilliwack Plaintiff: Her Majesty the Queen in right of the Province of British Columbia Box 9280 Stn Prov Govt, 1001 Douglas St., Victoria Claim: Past and future health-care costs for Ross Tanner’s injuries, sustained when he slipped and fell at the Mertin Hyundai premises in Chilliwack. Defendant: Katzie Coast Marine Operations Inc. 89 Rogers St., Vancouver Plaintiff: 489667 B.C. Ltd. 211–1015 Austin Ave., Coquitlam Claim: General damages for breach of contract. •
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