Susan Heyes files Leave to Appeal to Supreme Court of Canada

Posted on by Laila

From Susan, this morning:

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

 

Wonderful and stunning news that I wholeheartedly support!!  I would very much like to host a fundraiser for residents of Surrey/WhiteRock/Delta/Langley in the near future to assist Susan’s fight for justice, and will post detail as soon as things are in motion!! Please email me directly if you would like to be involved!

I ask you, who will fight for you if your home, your business, was next?

13 thoughts on “Susan Heyes files Leave to Appeal to Supreme Court of Canada”

  1. I feel Susan’s pain, there are tons of people in BC and elsewhere in Canada who have suffered hugely from actions taken by one level of government or another that harms financially small business owners who through the actions of the governments, have lost their business, have lost their homes, their property and have become destitute trying without success to fight the government who pays their legal fees using OUR tax dollars, remember, the government does not have any money except what we over pay them for the most inoxious of services, things that should be rights belong to US and not to the government. Who benefitted from the line? It certainly was not the small businesses who were forced into bankruptcy during the building of this line. Since I can not afford to contribute to her fund, I will do the best I can by passing along this story to as many people as I can. Please do likewise for next time, it may well be YOU they come for. The law states that the government must not harm anyone what indeed is this except for egregious harm?

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  2. I too feel and know the pain and that is why I have begun my study of the laws that bind us.
    http://www.bcrevolution.ca/the_king_calls_us_to_arms.htm

    “Here is a law which is above the King and Parliament, and which even He and They must not and may not legally break. And in the event they or anyone else were to try to abrogate it, such attempt at abrogation shall have no force nor effect [1297] and can be safely ignored with no legal ill effect.” It is an ignorance of the law when we do not KNOW our RIGHTS
    Justice is rarely meted out by Admiralty courts on common law matters

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  4. I agree with Laila and urge all who care about justice to support her cause. I read the original judgement carefully and think it was well crafted and places no undue burden on construction processes. In this case, the province of BC was in control and they called the shots. They decided clearly to avoid mitigating damages to the small businesses affected by construction. BC Liberals throw millions of dollars at northeast gas producers but care nothing about small businesses who are not contributors to their party funds.

    The precedent set by the original decision in favour of Susan Heyes scares the province, not for its cost but for its inconvenience. They prefer to run roughshod over ordinary people.

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  5. There seems no end to the evil in this province. I doubt there is a soul left in BC who doesn’t know, how corrupt our courts and judges are. Just ask Gordon Campbell, the RCMP, Jane Thorthwaite, and so on, what they got away with because, of the corrupt judicial system.

    I wish I could send a whole lot of money to Susan. However, I will certainly send what I can spare this month, and, the next months even if it is just a bit at a time. How sad a place this province is. Thieving, lies, deceit and corruption, common place in a days work, for the BC Liberals.

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  6. I ind this statement very disturbing “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.”

    If true then this is nothing but a bribe pure and simple.

    I will be going to the Bank Monday to donate It’s not much but every little bit counts

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    1. You are all so wonderful, and yes, no matter how small, every penny adds up over time.

      Gary, I hate to state that offers like that are made every day, and I am absolutely positive this is not the first one that has been made in litigations involving the government and related corporations etc.

      That Canada Line is generating a hell of a lot of money every single day via shadow fares and the payments to the P3 partner and I don’t even think they are close to breaking even on it. just like that white elephant the Golden Ears Bridge.

      The good thing is that good ole’ Christy Clark was a supporter of Susan Heyes, at least on her radio show. She thought she should have been compensated. Now we shall see what kind of leader she is.

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  7. I doubt that Chrusty Clark will even comment or acknowledge Susan heyes situation. I am sure that the government will do it’s utmost to muzzle any and all comments regarding this – except of course, on the blogging scene – over which they have no control.

    Thanks.

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  8. off topic and on target!

    Importing the Police State – Canada Meets the New World Order
    http://www.youtube.com
    How and why the internationalists are merging Canada into the New World Order through a North American Union under the private agenda of the CFR, Trilateral Commission, United Nations, WTO and ultimately, the international banking community. Thanks to INFOWARS, Press for Truth, We Are Change and …

    The good news is that BC being isolated by mountains and sea …

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  10. This is unacceptable. Did you know that in the early 90s the government required that all lawyers start charging PST on legal fees? It was stated at that time that those moneys would go into legal aid. Millions and millions have been collected from PST on lawyers fees and legal aid continues to be cut.

    I urge all of you to contact your representative and your lawyer friends to find out what is being done by the government (nothing) and lawyers groups (a lot) to have those taxes finally go to legal aid support. It’s not just about business; it’s about families and the wrongly accused too.

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  11. The history of British Law (which we inherited) was to protect those with wealth. Wealth is power. Now that we have traded democracy for plutocracy – we must bow not only to the wealthy but to the actual dollars and plastic cards. Unless you are tied into money you are not part of this culture and without big money – the courts will eat you up.

    The law is not necessarily “corrupt”. It’s just that we can’t have the unemployed rabble running the country – we can’t like anything other than something of monetary value – we are no longer counted as citizens but consumers and taxpayers (we don’t even qualify as stakeholders).

    Any lack of morals or scruples is legitimized by pitting one against the other all for good reasons: The election, old age, medicine, glasses , healthy food, a bit of entertainment, a car and gas, the Internet, charity… So, unless we have a return to co-ops and unions and farmers who earn a living wage without exporting food – until we can agree to let go of our post war dreams (job, home, kids, car, refrigerator) oh and don’t forget the weekly paycheck that we expect to continually expand – the corporate shell games played in our courts, will not end anytime soon. Check out the Fish Farm Industry here in BC, they make the rules and break them with impunity.

    Supporting Susan Heyes is really more than just helping someone fight for legal entitlement – it’s also a political flag to wave in the face of globalization. I like that – I hope she wins.

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