28 responses so far ↓

• 1 IanS // Mar 13, 2014 at 6:09 pm

  A request for special costs is not all that unusual or otherwise indicative of an unusually pugnacious response. I would have been surprised if it wasn’t sought in this case.

• 2 Frances Bula // Mar 13, 2014 at 6:15 pm

  Thanks for that info. We lay people always read things differently.

• 3 IanS // Mar 13, 2014 at 6:21 pm

  Lawyers also toss out requests for special costs when they want to make a point or seem indignant. They’re kind of like exclamation marks.

  Actually convincing a court to award special costs is another matter.

• 4 IanS // Mar 13, 2014 at 6:24 pm

  All of which, I should add, is not to say that special costs might not be appropriate in this instance. I don’t know the case well enough to say one way or the other.

• 5 Marvin Duey // Mar 13, 2014 at 7:38 pm

  Regarding special costs, as noted in the Response, the important issue is whether a party (Chernen) made allegations which are not supported in fact:

  “Special costs can be awarded on the basis that the plaintiff’s claims lacked legal merit, or if the plaintiff fails to ascertain that there is no evidence to support the claim before advancing it.”

  Based on a high level review, the evidence adduced to date in support of the petition does not appear to come close to substantiating an allegation of conflict of interest. Therefore, a request for special costs is to be expected in these circumstances.

• 6 teririch // Mar 13, 2014 at 8:28 pm

  Isn’t Hootsuite in the process of filing their IPO?

  I would venture to guess that their are companies wishing Robertson paid as much attention to their businesses as he does Hootsuite or Lululemon (didn’t he help them out as well?)

  Just thinking of all those ‘For Lease’ signs on West 4th Avenue.

• 7 Tessa // Mar 14, 2014 at 5:58 am

  Geeze teririch #5: What ‘For Lease’ signs on West 4th?

  If there is a real increase in the number of vacancies, or even in the traffic jams on 4th, due to the PGR closure, please enlighten us with some actual evidence rather than backhanded comments such as that. As far as I can tell, it’s just a lot of griping about very little.

• 8 spartikus // Mar 14, 2014 at 8:06 am

  …it’s just a lot of griping about very little.

  Print it. Frame it.

  #Vanpoli in a nutshell.

  As for special costs, the response cites past cases for precedent, which is interesting. Though as suggested perhaps ordinary.

  Regardless if he ends up paying them or not, Mr. Chernen must have deep pockets.

  Or does he? (And if not, who’s footing the bill?)

• 9 Paul Tolnai // Mar 14, 2014 at 8:58 am

  “No more Mr. Nice Guy.”

  HA! As if they ever were Mr. Nice Guys. Ask anyone who has been affected by their decisions. They are anything but nice.

• 10 F.H.Leghorn // Mar 14, 2014 at 10:34 am

  ” a lot of griping about very little”. If it weren’t for cranks and whiners there would be no NDP.

• 11 brilliant // Mar 14, 2014 at 3:42 pm

  Gee Sparty 7-if you’re as concerned about the environment as you claim the idea of the emissions of thousands of cars forced to drive farther and idle longer along W 4th should horrify you. But then, in typical Vision fashion,its all about appearing to be green, isn’t it.

• 12 Ron // Mar 14, 2014 at 7:41 pm

  special costs are awarded where the allegations are severe and the evidence supporting the allegations are not well founded. There has to be “heinous conduct”. You can ask for special costs but they are not given out unless necessary. If the Hootsuite action is founded on facts laying the foundation for the allegations of bias etc then while the action may not be successful special costs unlikely to be awarded

• 13 teririch // Mar 14, 2014 at 8:56 pm

  @Tessa #6

  How about taking a walk down West 4th one day and see how many empty store fronts (lets say from Vine thru Pine)there are – some of which have been vacant for well over a year now.

  And while you are taking that stroll – you can admire the backed up traffic.

  If you have a set of eyeballs, it won’t be that difficult.

• 14 teririch // Mar 14, 2014 at 9:16 pm

  @brilliant:

  (From) Why please the rich on Point Grey Road…..

  Here’s one PGR resident’s expression of relief, from the West Kitsilano Residents’ Association website:

  “Regarding the impact of more traffic on these side streets due to the change of making PGR open to everyone in the city including those of us living on PGR who no longer are kept up at night to 11am with load radios blasting from idling cars backed up at the PGR & Alma traffic light.

  “Nor do I have to wait to get into and out of my car when parking or leaving my home because of reckless speeding commuter traffic who had no regards for the fact that we live on the street.

  Also I can walk my dog on the sidewalk since bikers, who feared for their life riding on PGR (especially between Blenheim and Alma) were riding on the sidewalks!

  “My question to those now regrettably having to live with extra ‘local’ traffic on their streets: Are you dealing with 9-10 thousand commuter extra speeding cars? This was the nightmare we were living with for years.

  “I understand that change causes inconvenience but if you weigh the facts I think you will find that a commuter highway with 10,000 speeding cars daily prevented us from having a neighborhood.

  *****

  Got to love how some people, in this case the Point Grey Road ‘creme de la creme’, just don’t get that those 10,000 cars didn’t just mysteriously disappear.

  They are now travelling West 4th, West 3rd, back alleys etc to try and hasten their commute. Macdonald at West 4th now has cars regularly honking to urge the person ahead to jump the turn light.

  So thanks from those in this ‘neighborhood’ – our lives just got louder and more polluted and it will be a wait and see, but I think property values in the effected area will be negatively impacted.

  (No worries tho, our good Mayor now has Stephens Street blocked off to thru traffic as well. The bike lane will start off that street. Many in that area lost their street parking – but rest assured, he was not effected. He can still park his SUV right out front of his house….and the bike lane is a mere few feet away)

• 15 spartikus // Mar 14, 2014 at 9:19 pm

  some of which have been vacant for well over a year now./b>

  Construction on the PGR lane began January 18, 2014.

  Listen to yourself.

  But I will take up your challenge and tomorrow I will walk down West 4th and count the “For Lease” signs.

  And I will report back.

  With pictures.

• 16 Rico // Mar 14, 2014 at 9:26 pm

  Actually Teririch thanks to the magic of ‘induced demand’ it seems the vast majority of the cars did ‘just disappear.’ I understand that the traffic counts on the other streets are the same as pre PG closure. But please don’t let that get in the way of a good rant…how did this get from lawyers to PG road closure?

• 17 Peter Ladner // Mar 14, 2014 at 10:41 pm

  Er, Brilliant 10:
  Can you explain how it’s possible to “drive further” by using 4th instead of Pt. Grey Rd.?

  And what’s the data on cars idling on 4th? The lights on 4th are coordinated and moving traffic is going 50 km-plus, compared to the legal limit of 30 km/hr along Pt. Grey Rd.

  To Teririch 12:
  “They are now travelling West 4th, West 3rd, back alleys etc to try and hasten their commute.”

  Can you explain how travelling on west 3rd, which is blocked at Bayswater and has stop signs every two blocks and no light at Alma and is supposedly shared with cyclists, or driving down lanes which requires stopping every block, hastens anyone’s commute? This is unhelpful fantasizing.

• 18 teririch // Mar 14, 2014 at 11:06 pm

  @spartikus #13:

  Great – I’ll do the same. And I won’t count the new construction ‘For Lease’ signs – just those that have been long time ‘retail residents’ of the hood and that have been empty for a period of time – like what used to be ‘Does Your Mother Know’ magazine shop.

• 19 Matthew // Mar 14, 2014 at 11:09 pm

  Good for Gregor. Hope he takes that d-bag Chernen to the cleaners.

• 20 teririch // Mar 14, 2014 at 11:09 pm

  @Rico #14;

  The cars just disappeared.

  Sure they did.

  If that is the case – why the increase in traffic acccidents on West 4th?

  I’ve seen the electronic counters set up at various point son West 4th and on Cornwall -and would enjoy seeing the true stats posted.

• 21 teririch // Mar 14, 2014 at 11:23 pm

  @Peter Ladner #15:

  My mistake.

  I guess that new traffic light at West 3rd and Macdonald is just for added attraction to the already congested traffic travelling north-east.
  It would not have been instituted had the CoV not anticipated the traffic funneling onto W3 becuase other than cars now turning left/right or going thru off that street, it makes no sense – there are lights 1 block up at West 4th.

  It was never an issue at this street prior to the closure of Pt. Grey Rd.

  (It amuses me hearing the bus drivers making comments about the idoicy of that light, by the way).

  Here is to you and others in your neighborhood getting long peaceful sleeps and not having pesky traffic people keeping you awake.

• 22 teririch // Mar 14, 2014 at 11:39 pm

  Here is a question: Why is the City of Vancouver on behalf of ALL taxpyers favoring some businesses and granting them rent help and other ‘favors’ over others?

  Lululemon was the first and let’s not pretend there is no relationship between Robertson/Vision and Wilson, and Hootsuite is the second. (Now, just out of curiosity, did Wilson get his hands slapped for having no permit to paint that gut ugly graffiti mural on the seawall? I mean had it been just a ‘person’ they would have been fined …)

  Why do these businesses get preferential treatment over all the other, stuggling taxpaying businesses in this city?

• 23 Tessa // Mar 15, 2014 at 11:46 am

  @teririch 11

  #1: there has been traffic backed up on 4th since the dawn of time. I’m asking for evidence it’s worse.

  #2: If those storefronts have been empty more than a year, maybe it has to do with something other than a traffic change that is only a few months old.

• 24 spartikus // Mar 15, 2014 at 2:15 pm

  Between Pine and Vine I counted 5 for lease signs. (One of those I thought was ambiguous because the building was wrapped in tarps and being remediated). There were approximately an equal number of stores in transition b/w businesses, with new businesses starting up.

• 25 Chris Keam // Mar 15, 2014 at 2:18 pm

  Between Quebec and Main St. (one block, no bike lanes) I counted an equal number of retail spaces empty and for lease on one side of the street yesterday. 🙂

• 26 Chris Keam // Mar 15, 2014 at 2:19 pm

  Sorry, on Broadway was where I saw the for lease properties.

• 27 Terry M // Mar 15, 2014 at 3:40 pm

  Teririch @20
  Good questions. As for Peter Ladner… I don’t know who is fantasizing in here, no really!

• 28 Frank Ducote // Mar 18, 2014 at 12:31 pm

  You won’t hear many merchants complaining about more traffic. It is their bread and butter.