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HomeBusinessCourt docket: Airline wants Vancouver International Airport to pay more than $2 million for engine repairs

Court docket: Airline wants Vancouver International Airport to pay more than $2 million for engine repairs

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Bob Mackin

Air Canada’s Jazz is suing the Vancouver International Airport Authority and a to-be-identified company for more than $2 million for engine repairs.

Jazz Aviation Ltd. filed the lawsuit in B.C. Supreme Court on June 10, the eve of the second anniversary of a scuttled flight to San Jose.

This Jazz jet suffered engine damage in 2017 at YVR (Alexander Butuc/Planespotters)

One of the two GC CF34-85C engines on the Jazz-operated Bombardier CRJ 705 ingested foreign material debris that was loose on the airside area, according to the statement of claim.

Shortly after takeoff from runway 26L, and during the ascent, the flight crew noticed vibration in the engine. They were forced to return to YVR and the plane underwent a post-flight inspection. The foreign material was identified as having originated from a utility post metal cover in the area of Gate 70.

The cost to repair was pegged at US$1,956,186.40.

None of the allegations has been proven in court.

Buyer’s remorse? 

Owners of a corner house on Cambie and 38th in Vancouver are suing the buyer who failed to complete the deal.

Charn C. and Monica Ma sued Shao Dong Lin on June 7 in B.C. Supreme Court for breach of contract.

The plaintiffs say the defendant paid the $500,000 deposit as per the April 20, 2018 deal, but did not pay the remaining $8.1 million by the March 28, 2019 completion date.

Lawsuit over collapsed $8.6M real estate deal (BC Assessment)

“The defendant failed to complete the sale and purchase of the property on the completion date,” said the statement of claim filed by the Ma couple. “The defendant’s failure to complete the sale and purchase of the property is a breach of the contract.”

The one-storey, four-bedroom, two bathroom duplex, built in 1952, was assessed at $6.5 million at the time. Its latest value is $7.94 million. None of the allegations has been proven in court.

Technicalities hamper wrongful death lawsuit 

A 75-year-old Vancouver woman who blames Vancouver Coastal Health and a doctor for her spouse’s death suffered another setback in B.C. Supreme Court.

Audrey Jane Laferriere’s spouse, Randy Michael Walker, suffered a traumatic brain injury at age 53 in 2010 and was a patient at George Pearson Centre and Vancouver General Hospital until he died in April 2014. Laferriere sued various defendants in 2015 and 2016, alleging they had “hastened or conspired to hasten” Walker’s death and that he had been unlawfully confined. Laferriere, who was also Walker’s personal representative and executor, also claimed that she had been defamed.

The defendants, including Vancouver Coastal Health and Dr. James Vincent Dunne, denied Laferriere’s claims and sought to have those claims dismissed for contravening Supreme Court Civil Rules.

Justice Nitya Iyer’s May 7 decision said that Laferriere, who was self-represented until last year, did not comply with 2017 court orders to provide lists of documents and witnesses, particularize claims, attend an examination for discovery by Vancouver Coastal Health and complete examinations of discovery of each defendant.

In August 2018, Laferriere told the court that she retained lawyer Manuel Azevedo.

“Unfortunately, little changed,” Iyer wrote. “Mr. Azevedo did not ensure that the Plaintiff complied with the outstanding orders or contact the defendants to discuss a schedule for doing so.”

Laferriere filed an amended notice of claim in March of this year, but the judge said that it did not comply because a vast majority of additions were not underlined, as per court rules.

The number of defendants was reduced from 26 to eight and 110 paragraphs were added, with new factual allegations and legal claims.

At a March hearing, the judge dismissed claims against various parties named in the lawsuit.

In affidavits from last November and March, Laferriere explained that her non-compliance with court rules was caused by suffering from persistent complicated bereavement and post-traumatic stress disorder. She attached doctor’s notes containing the diagnosis to the affidavits. A February note from a doctor said she suffers flashbacks and a relapse of anxiety and depression triggered by reviewing events with her lawyer.

“The defendants say Ms. Laferriere’s health condition does not excuse her conduct,” Iyer wrote. “They say that Justice Abrioux made it clear that, if Ms. Laferriere’s ill-health prevented her from pursuing the litigation, her recourse was to apply for a stay of proceedings. Her failure to do so means that she can no longer claim her health as a lawful excuse.”

Iyer said that Azevedo took no steps to rectify the non-compliance.  She dismissed the 2015 claim and gave Laferriere until May 31 to stay proceedings in her 2016 claim.

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