Please Help Susan Heyes!!!
While I’m catching up on the backlog of stories, I wanted you to pay particular attention to Susan Heyes’ plight. Susan is, of course, the lone, courageous, principled fighter that stood up against the BC Liberal thuggery during the construction of the Cambie Line.
Her court win was overturned by the BC Court of Appeal and since then she’s gone to the Supreme Court of Canada.
Alas, as has been the provincial government’s plan all along (to bankrupt her) she has run out of money. Any amount will help put the bastards in their place. Susan doesn’t deserve this and if could find it in your hearts to give and give generously, it would be most appreciated by me and everyone else that sees the current provincial government members for the knaves and fools that most of them are.
They deserved to lose, and Susan earned her right to the judgement she received.
Please help as you can.
Thank you
April 15th, 2011
Susan Heyes files Leave to Appeal to Supreme Court of Canada as a Self-represented Litigant
Is justice only available to the rich and powerful?
I have just filed for leave to Appeal to the Supreme Court of Canada as a self represented litigant.
Contributions can be made to the Susan Heyes Legal Defence fund : Royal Bank – account # 07200 – 5076666
I have no means to pay further huge legal fees to take this case to the Supreme Court of Canada, but as a citizen and a small business owner, I can’t afford not to. This is an issue of national importance with the potential to impact any small business in Canada.
The ruling of the BC Appeals Court, if not overturned, would mean that any small business in Canada in the path of a mega-project could suffer severe financial hardship or bankruptcy, without any legal obligation to tell the truth or to provide restitution, on the part of those responsible.
In this case of the P3 model for the Canada Line, this project has even been provided with the powers and funding of every level of government, to profit at the expense of the small businesses. This is unjust and unfair.
I began this fight for justice and compensation six years ago. I have mortgaged my home twice to keep my business viable. $300,000 of the $600,000 award plus costs, was paid out in legal fees, leaving me with a fraction of my actual losses to invest back into my business.
The Canada Line consortium, with assets over $13 billion, expects Hazel & Co to repay the entire $600,000 award, including the already paid legal fees. However, the lawyers for Canada Line apparently suggested that they might be prepared to waive some or all of the recovery of all moneys paid to Susan Heyes Inc. if no Leave to Appeal Application to the Supreme Court of Canada was filed.
Faced with another massive legal bill, and considering this financial inducement, the incentive for stopping any further legal action is compelling. But so is my determination for justice to prevail, and for this issue of national importance to be fully heard, and rectified.
I welcome financial assistance to continue this challenge.
If the several years of catastrophic business losses caused by the secretive, non-compliant cut and cover construction of the Canada Line is not considered severe, unreasonable, intolerable – and merits compensation – what process, what length of time and what degree of harm is?
The Supreme Court of Canada will be asked to consider the balance of fairness in the shared burden of costs and the shared benefits, as they relate to all participants in this landmark case, and that leave is being brought forward by Susan Heyes as a self-represented litigant, at great expense.
Susan Heyes
HAZEL&CO
4280 Main Street
Vancouver, BC
V5V 3P9
604 687-0721 w
I live in the community, and for years have watched what has happened to Susan Heyes, and other small businesses with the building of the Canada Line… I support her fight and will definitely be donating to her legal fund..
Good luck Susan… we are with you..
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David against Goliath comes to mind. Only here Goliath uses the dirty tricks of the corrupt legal system of course. One fight that reminds me of the misery suffered by a lonely human at the hands of a scrupulous corporation is, in almost recent times, that of the inventor Bob Kearns that stood behind the intermittent windshield wiper technology, then fought the Ford Motor Company for proper credit.
A sad story if you ask me. The price? His Health, family, and a wasted life. Sad, very sad. I really feel bad for Susan. It’s almost like she’s been beaten over and over and over. Remember, when that punk of a Mayor was allegedly ‘MLA’ in her riding and did nothing but enhanced his image? Phew.
I hope she gets the justice she deserves, and I’ll try to help out. thanks for the link. Sad.
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I hate F*cking bullies the worst are those that hide under the skirt of Gov’ts
I am so dam mad I think I will drive up to her store and drop off some coin and also tell her she is a hero to us other mortals.
.Her battle is both an inspiration and a cautionary tale re: who is next?
This might be the prime catalyst for the public to unite and rally around this victim of the bogus P3 ventures (redundant) and say No More…
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I’ll cut a cheque.
“However, the lawyers for Canada Line apparently suggested that they might be prepared to waive some or all of the recovery of all moneys paid to Susan Heyes Inc. ”
Isn’t that extortion or damn close? Justice shouldn’t only be for those that can afford it.
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It’s extortion plain and simple. The provincial Govt should be ASHAMED!
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Both Gregor Robertson AND Christy Clark should be made to account for their comments made in 2007, before both ascended to the thrones they did not deserve.
http://thebernermonologues.blogspot.com/2011/02/susan-and-goliath.html
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Christy Clark – Gwyn Morgan – SNC Lavalin – Canada Line.
That train of thought tells you why the Premier will be silent. Gregor’s vapouring was just his usual opportunism, although I think he tends to evade Skytrain affairs nowadays.
The judges were the real disappointment. Their reasoning and apparent inability to comprehend the difference between cut and cover and a bored tunnel was simply embarrassing. To me their decision was one of expediency not justice. The vindictive cruelty of this corporate / government hydra reminds me of the behaviour of BC Ferries toward the children of Gerald Foisy. I’m a non believer but sometimes really want to believe in Hell!
Cheque in the post.
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You’re not alone, pal…
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Alex,
Thank you so much for this. I will give her some money, and lend whatever other support I can. I love capitalism and it drives me crazy when something like what they did to Susan Heyes happens. When I bid a job I live and die by what I promise to do. The same should go for the big boys. I haven’t read the Court of Appeal ruling, so maybe there is more to it than meets the eye. But there is no way the consortium would have been allowed to proceed if they had accurately portrayed what Cambie was going to look like between Broadway and King Ed.
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Bless you, pal. It’s a very sad plight to witness. Susan has risked everything she has to fight this fight and she’s a real heroine for doing it. The should suffer this same fate on other projects where the public has been screwed.
Glad to hear from you.
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It is noble, a little naive, but noble. The same thing happed with the building of the M-Line along the Lougheed Highway and no compensation was paid out.
There was also none when the Skytrain Line cut through New Westminster and built up areas in Vancouver (The Drive).
Sorry AGT, but no support on this one. If she won, it would cost a huge amount of money for projects.
But it does go back to the original protest when the original plan was to use the old CPR tracks along Arbutus and E/W Boulevard.
Of course as the story went, the “creme de la creme” would have nothing of it.
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Frankly, the Arbutus corridor (my neighborhood) was always the best one to have used. No businesses would have been affected as they’re too far away.
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It also would have been alot cheaper since all that would be needed is rail upgrading, stations, and a rebuilt line to Science World.
Could have had alot of possibilities, and mean additional business for the stretch from King Ed south to 49th along West Blvd.
But the “creme de la creme” residing would have none of it. That protest by that snobby lady was a classic.
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It was indeed.
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We certainly know, how corrupt the judicial system in this province is. Campbell’s corrupt sale of the BCR crime. RCMP crimes swept under the carpet. Jane Thorthwaite, it’s ok to drink and drive, by the judges decree, good grief!!! Was Jane too drunk, to explain to the police who she was? It would have saved her a lot of bother. Then there is Kash Heed, but, there is no need to go on., it would take forever, to point out all the corruption, of our esteemed judicial system circle.
There is one set of laws for corrupt, thieving politicians, another set for people like Susan Heye’s. Where is Christy Clark on this? I guess she too, backs up the corrupt and unfair judicial system. She can do nothing else because, of the BCR criminal farce of a trial. So again Campbell lied and of course, his word and promises mean nothing. Christy Clark and the BC Liberals always back up, the thieving, liar,evil, monster, of a Campbell.
I always send on, all the corrupt dealings in this province, to friends in Holland and the U.K. They say, this is just as bad as it is, in the Arab country’s and in South American country’s, for corruption.
I will gladly send Susan a money order. What the Liberals have done to her, is beyond disgusting.
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Well beyond disgusting. Bless you granny.
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I seem to recall that when this mess started, there were references to what other Cities in US did insofar as admitting culpability and trying to compensate for undeniable impacts.
http://finance-commerce.com/2011/01/businesses-seek-unusual-lrt-fund/
Quote:
In Seattle, officials created a $50 million community development fund to help retain similar businesses in a similar stretch of property during construction of the Central Link LRT there. The fund, which spent $15 million helping businesses between 2003 and 2008, was deemed a success, according to a study published in December 2009 by the Department of Urban and Regional Planning at the University of Florida.
But project money played no part in building that fund; the money came from the city of Seattle, King County and Sound Transit (equivalent here to Metro Transit, which is run by the Met Council).
The University Avenue Business Association and the Asian Economic Development Association argue that not having a similar fund here for the Central Corridor is just plain bad public policy – especially at a time when the local and national economies are still sputtering and job creation and retention is the primary goal of many politicians and public officials, not to mention the public itself.
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It appears that our Canadian Gov’ts at all levels will never wish to set precedent…synonymous with doing the right thing.
Contrast that with Basi Virk…Pickton trial,……makes you want to puke
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Alex, you along with other bloggers are doing the right thing and publicizing Ms Heyes plight.
It is unthinkable what the government has done and continues to do.
This should serve as a warning to others, of just how bad and corupt this BC Liberal government is. Every effort should be made to trounce these assholes out on their ears and turn the books on them – sue them back – whatever it takes. Hopefully this might just act as a catalyst to generate enough support to oust these criminals.
I too, will be sending some money to help out.
Thanks
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You’re most welcome. Susan is wonderful and deserving of support. I also heartily commend Laila Yuile for bringing attention to this. It’s an important cause.
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Your asking us to contribute money that will go to lawyers just like Cameron Ward? Why should I pay for her bad judgement? Forget about it! Lawyers are the worst in this province…dirty overcharging jerks.
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For a complete understanding of the significance of this story we have to examine the role of the judiciary. People go to court, despite the effort and expediture required, because they presume they will get due process at the hands of impartial adjudicators. It is widely acknowledged that citizens challenging the conduct of powerful institutions do not get justice. Focusing exclusively on the issue of money (which is what the judges want us to do) obscures the real problem, which is the absence of impartial adjudication and the resulting substitution of undue process and abuse of process for “due process”.
Why is there a lack of impartial adjudication? The answer is quite simple. The “independence of the judiciary” is a bald fiction: a key component of the legal establishment’s mythology, dutifully peddled to a naive public by the press.
Now Ms. Heyes is seeking due process at the Supreme Court of Canada. The vast majority of applications for leave are dismissed, and the SCC doesn’t believe it is obliged to give reasons.
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I have searched the BC Court of Appeal website under both “Heyes” and “Hazel” . Couldn’t find the judgement. Can someone help me with the link?
Thanks.
- Codysage
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I will send you her email privately. She is a wonderful woman. I’m sure she’ll send along a copy of the judgement.
Thx for being a first class guy and helping out.
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I for one will be donating to help her cause, thank you Alex for the heads up. On another completely seperate topic Alex about the latest decision by American authorities denying Marc Emerys transfer to Canadian prison. They are housing him in medium security, i am curious of your opinion on how he originally came to be in an American prison despite not breaking any Canadian laws. I am no fan of emerys, just more upset at the principle of our our federal govt pandering to US authority. Alex if i may express my deepest of gratitude and respect for your efforts in delivering some of the finest journalism i’ve experienced.Your coverage of BCpolitics in particular, renewed my belief and vigor to fight the corruption and to know that as citizens we CAN hold them accountable, and we MUST. After the travesty of the BC Rail give-away, and the Basi/Virk decision, and the sickening/ disgusting media cover-up, i was so dis-illusioned/helpless, i almost gave up, until i came upon your blog where i was suddenly united with what i had suspected all along. We, the citizens of this great province are indebted to you Alex Tsukamis for your integrity and dedication, although are opinions may vary, i know YOUR journalism will be 1st rate, factual and truthful.
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You are being way too kind to me, but after being upbraided by several impatient, but wonderful, readers for slacking off this week, I’ll take it. Truth be told, this is a very tiring sport and blogging on a daily basis, particularly on major issues with complex perspectives, is time consuming and taxing. At least, it can be. I’ve been working on a project this week and trying to finish my first book, and, truthfully, I do feel a little sheepish about letting you down. So next week, prepare for the onslaught of Alex adrenaline! LOL!
Truthfully, you really made ny week with your too kind words and I so appreciate them. I take what I do VERY seriously, it’s why I have the following I do. However, I have to have a life too!
As for Emery, he broke the law in the US and we have an obligation to hand him over. That he not serve his sentence here makes sense. He was charged in the US; we have multiple agreements with them that cover extradition, I can’t see how we’d get around it.
Frankly, I sincerely hope he rots in hell. I recently had lunch with one of the top addictionologists in BC. He was telling me about the exponentially growing number of patients he has, whom are being treated for marijuana psychosis.
Average age: 17. Emery is a lie-peddler and grief merchant. Marijuana is harmful to your health, even in small quantities. Over time, you do enough dope, you become one.
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Bang on Alex ! This Pot that is smoked today is unbelievably stronger than the 60′s and 70′s dope that was consumed.
Marc Emery flaunted the US authorities every chance he got! If he had of kept his mouth shut even while still peddaling his seeds through the mail he probably would have gotten off with a fine or a suspended sentence. Just because you live in Canada doesnt give you a “free pass” on other countries laws. Extradition works both ways.
He’s a self important little turd that deserves what he got.
Unfortunately when he’s released he return here a “hero”.
I can just see this weeks coming 4 – 20 pot protest at the Art Gallery full of 15 year old smoking their brains out. Well done Marc.
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It’s been 11 days and the police officer that tazered an 11 year old child hasn’t even been interviewed yet.
I say we pool our efforts on behalf of this defenseless victim of the broken BC/Canadian legal system before we worry about a well-to-do adult business-owner only screaming bloody murder because she’s been affected by it.
I believe doing so would help her cause more than tossing dollars her way will.
In my humble opinion, trying to help her outbid her competition in effort to secure a desired verdict only contributes to the broken BC/Canadian legal system in that we would all only be communicating that we are okay with highest-bids securing verdicts.
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Jay, apparently this 11 year old child was the ONLY person in the group home ( possibly so violent that it was unsafe to have other kids around?). According to the Govt spokesperson .
This 11 year old was monitored by 2 staff 24/7. The 11 year old STABBED one of the staff and when police arrived, refused repeated instructions to drop a BUTCHER KNIFE and began advancing towards the police officer.
Perhaps we should remove all Tasers and go back to the previous system. This involves a 9mm beretta and the outcome is definitely more permanent.
Which, in this case, may save the taxpayers a great deal of money , time and grief when this violent 11 year old grows a little older and becomes an full blown adult. Then we’ll see what transpires. You havent heard the lst of this kid. Count on it.
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Some very good points.
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Innocent until proven guilty in my eyes.
I’d like to hear the child’s story before making any sort of judgment.
I will say this though, if the kid is so violent then there should have been no access to things such as butcher knives.
Maybe this child should have been in a psyciatric ward as opposed to a group home.
Maybe the child acted appropriately in self defense.
An adult abusing their position of trust is not unheard of.
In today’s times it would be easy enough for the staff member and tazering officer to video wrongdoing’s in order to justify their actions.
It’s a baby for Christ sakes.
I’m just saying that I for one am not so quick to take the adults side on this one.
There are of course two sides to every story.
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Indeed. And I’ll examine them this week.
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I’ve seen 5ft 5in 140lb 11year old “babies”. Sorry.
All it takes is a “tiny” jab in a femoral artery and you’ll bleed out in seconds. That fact that the “baby” still had the knife when the police showed up raises some seroius questions.
“Drop the knife!” is a pretty straight forward command.
As for the “baby” having access to a knife? Who knows how the “baby” managed to get it. Stabbing someone involves some premeditation. Ya gotta see it, grab it and jab it at a target.
Baby? Sorry.
Insane? Maybe.
A life long criminal? Probably.
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Jose
Ms. Heyes and Cameron Ward had a major falling out
http://www.vancouversun.com/news/todays-paper/legal+battle+within+legal+battle/4113658/story.html
The cause is just…….the system sucks.
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VERY interesting article. What a MESS !
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A huge mess.
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After the way Heyes treated Cam Ward….I don’t see why anyone would help her.
There are few lawyers out there like him; Lawyers who will get with a thousand yards of a case like this where the costs are high and the potential for reimbursement was low.
She was his hero right up until he asked to paid.
Sincerely, think of how many lawyers would jump at any chance to just have the experience of presenting before the Supreme Court! No one wants to do it for her! Not even pro bono! There’s a value to a lawyer being able to put on their resume that they have presented to the Supreme Court.
I think that says more about Heyes than it does about the system.
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But this doesn’t take away from the fact that the govt destroyed her life.
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I was always amazed that the Transit line was never allowed to go above ground from Queen Elizabeth Park north down Cambie towards False Creek. It is one of the most impressive views of the city on a sunny day.
The above ground track would have been cheaper AND faster to build.
The rich swine that lobbied Shitty Hall to prevent it should have to pay her legal costs.
First time Tourists riding into the city from the airport would have had an unbelievable “first view” of Vancouver with the North Shore Mountains behind it.
Instead they are vomitted out of an underground “Skytrain” station in downtown Vancouver surrounded by grey condo towers and pan handlers.
Nice first impression. Well done Vancouver , well done SNC Lavalin
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If Hazel is anything like “Current”, it would be bankrupt now anyway.
http://www.vancouversun.com/story_print.html?id=4620155&sponsor=
This owner blames American chains (while naming H&M….a Swedish company).
Sorry….the whole concept that her business was ever worth $600,000 was always the least convincing of her arguments.
It’s not like the store was clearing $200,000/year after all employees (including her) were paid (3x is a pretty decent multiple for that kind of business).
One blames the government, another blames the Americans. Either way, it’s not like Hazel was an institution immune from eventual decline. I’m guessing Chapman’s isn’t far behind. They just need to run up some more losses first to offset the gains on the property they own.
And did the government really ruin her life? It’s not like other retailers on that strip joined her or helped fund her. She chose the fight. Would she have sued the province if Talbots moved in across the street?
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Hello rf:
As usually happens with cases such as these, the REAL story often doesn’t make it into the media because the devil dances through the details and gums up the process of arriving at the truth.
So, I did a little research for you. Here are the FACTS:
1) Ward was paid in full $300,000 for all work up to and including the trial – with Heyes’ thanks.
2) The dispute over money only occurred when he apparently betrayed her trust. Ward accepted $100,000 directly from the defendants, as Appeal funding, against Heyes’ specific and firm instructions.
He then withheld her funding, and dropped her case on the eve of the Appeal, leaving her without counsel.
3) It took Heyes a year and thousands of dollars to recover what Ward should likely never have had in his bank account to begin with.
4) Few lawyers want to take on this next step to the SCC, because they all have a conflict with their many well healed clients.
5) HAZEL & Co has been successfully in business for nearly 30 years. The trial judge, a former tax lawyer, reviewed 10 years of financial statements, and found Heyes’ losses to be at least as much as reported, and were caused entirely by the cut-and-cover construction switcheroo approved by the BC Liberal govt. The defendant’s did not dispute this, AT ALL.
You’re welcome.
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Wow ! and Ward wasnt reprimanded by the BC Law Society for that little “Breach of client trust”?
I’m SHOCKED and AMAZED.
Lawyers helping Lawyers help themselves to your money……
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Susan heyes is and was a scammer
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If you don’t have proof of such a claim then you shouldn’t be making it.
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