VANCOUVER

FortisBC being sued: Businesses seek damages for road closure

CTV News Vancouver

Kendra Mangione Managing Digital Producer, CTV News and BNN Bloomberg

@kendramangione Contact

Published Wednesday, May 29, 2019 10:36AM PDT Last Updated Wednesday, May 29, 2019 2:39PM PDT

A stream of cars pass pylons set up along 1st Avenue ahead of construction.

Text:

More than a dozen businesses have banded together to launch a lawsuit against a B.C. utilities provider over a road closure they say impacted their bottom line.

Legal action filed in a Vancouver court last week suggests FortisBC caused loss of revenue when it closed a major section of 1st Avenue for a months-long construction project.

The natural gas provider ripped up part of the pavement last year to replace an aging gasline that runs between Vancouver and Coquitlam.

Read more from FortisBC on the ongoing project

As a result, lanes of the major artery linking commuters to Vancouver's downtown core were closed between May and August 2018. At some points during that period, all lanes were closed between Nanaimo Street and Clark Drive.

The closure prevented customers from getting to the shops and restaurants in the area, 15 businesses located near 1st and Commercial Drive say.

In the notice of civil claim, the business owners say they suffered loss and damage including a loss of revenue and profits. Some businesses closed or had to relocate, the notice says.

Some had to finance debt and lost rental revenue.

"At all times material hereto, FortisBC knew or (ought) to have known that the Project would cause irreparable and devastating harm and economic loss to the businesses in the Area," the notice says.

The parties claim the utility "made false representations to the public and the Plaintiffs," including a promise it would provide advertising for the businesses to try to limit the impact of the road closure. Scroll down for a full list of the plaintiffs

"FortisBC provided only limited advertising and little in the way of compensation to the assist the businesses in the area," the lawsuit claims.

Other issues raised in the suit include placing outhouses outside the entrances to businesses, obstructing access through excessive noise and dust and choosing a "method of construction that caused an unnecessary disruption to vehicular and pedestrian traffic."

None of the allegations have been proven in court. FortisBC has 21 days from the date of receiving notification to respond to the lawsuit.

The company said it could not comment as the matter is before the courts, however it did provide a short statement to CTV News Vancouver on Wednesday.

"This is a necessary gas line upgrade that serves more than 210,000 homes and businesses. When completing these upgrades, we have to balance impacts to community with our responsibilities to our customers and regulators," the emailed statement said.

Fortis added its general approach is to support businesses proactively through social media, community events and signage.

The following plaintiffs are seeking relief for damages: