City mulls Johnson Street Bridge liability
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It's a precedent worth noting.
In May, a business owner in Vancouver successfully sued authorities when construction of the Canada Line brought disruption to her store.
The judge found Canada Line Rapid Transit, TransLink and InTransitBC to be jointly liable for the loss of business caused by the delayed construction. Merchant Susan Heyes of Cambie Street Village was awarded $600,000 in damages.
The lesson isn't lost on Victoria city council as it decides whether to replace or refurbish the Johnson Street Bridge.
Unlike in Vancouver where transit authorities own the project, in Victoria the city is the sole owner.
"We don't have that in-between (so) we wouldn't be indemnified from any possible liabilities the way that Vancouver was," said Howard Markson, communications co-ordinator for the bridge replacement project.
Traffic delays across the Johnson Street Bridge will vary depending on which project and timelines Victoria council picks.
Replacing the bridge can be done in 18 months and cause partial lane closures as required. There would be no full-bridge closures because the new bridge would be built to the north of the current one.
Refurbishing the existing bridge can also be done in 18 to 24 months but would require a six-month bridge closure. Any closure could be avoided, however, by extending construction by another year. A three-year project timeline would result in only partial lane closures.
The difference is significant to the local business community.
"Any sort of closure that would happen on the Blue Bridge that would eliminate that access point would really be a killer for our downtown businesses," said Ken Kelly, manager of the Downtown Victoria Business Association.
"All we have to do is look at the experience of the Cambie Street closure in Vancouver ... that was devastating for those businesses."
But could Victoria's business community sue for damages in the same way?
"We have always viewed the city as our partner and we will continue to operate with that premise," said Kelly.
Last week, city council voted to stall any decisions until several stakeholders, including the DVBA and the city's solicitors, are consulted.
rholmen@saanichnews.com
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