Living/Working May 3, 2019

Living/Working

May 3, 2019

Trial Lawyers Association claims impending changes to B.C. court rules unconstitutionally limit expert evidence in motor vehicle actions

BIV's lawsuit of the week

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The Trial Lawyers Association of British Columbia is taking the provincial government to court, claiming impending changes to the Supreme Court Civil Rules set to take effect in 2020 are unconstitutional.

The association and Gregory Crowder, an individual “claimant” in a motor vehicle action, filed a petition in BC Supreme Court on April 17. They claim two orders-in-council amending the court’s rules improperly limit expert-opinion evidence to a maximum of three experts. The rule is set to apply to motor vehicle legal actions limiting parties to a lawsuit to tender expert-opinion evidence “on the issue of damages arising from personal injury or death.”

“The Rule is an unprecedented and profound interference with the court’s control of its process, that will greatly prejudice litigants in cases of even modest factual complexity,” the petition states. The association further claims the rules were “imposed by the government without notice to the bar, substantially for the financial benefit of the Crown corporation auto insurer, the Insurance Corporation of British Columbia [ICBC].”

 By limiting the number of experts, the association claims the rule changes trample on the powers of the superior court while creating “undue hardship for plaintiffs in obtaining access to justice.” The petitioners claim the changes threaten “judicial discretion” allowing a party to introduce expert evidence beyond the new limit. British Columbia’s attorney general announced the rule change amidst financial woes at ICBC, which is expected to see “substantial fiscal savings” through reductions in expenses associated with expert reports and lower awards of damages.

“The sudden introduction of the Rule threatened to massively disrupt the case preparation for, and potential fairness of, vehicle action trials that were near at hand,” the petition states.

Crowder, the other petitioner in the case, has a motor vehicle action trial scheduled for September 2020. Before the rule changes, his counsel had intended to introduce evidence from several experts including a neuropsychologist, a psychiatrist, a neurologist, a dentist, a plastic surgeon, an ophthalmologist and an economist. His injuries, according to the petition, are complex, and the three-expert limit allegedly “makes it impossible for Crowder to discharge his burden of proof on the nature, duration and extent of Crowder’s injuries, and his long-term prognosis, including his long-term function and lifetime care he will need.”

Crowder and the Trial Lawyers Association of BC seek a declaration that the rule changes are unconstitutional and invalid. The petition’s factual basis has not been tested in court and the attorney general of British Columbia had not responded to the claim by press time.

 
Leading

Canada needs a serious debate now on tax reform at all levels

Our inequity, our demography and our comparable station in the world demand it. But our current statistics, our employment situation and our complacency about our challenges resist it.

Our taxes, love them and hate them, need some fixing for our future. We haven’t taken a profound look at them in decades. As we lurch toward a federal election, and as we feel the effects of the changing of the guards at provincial and municipal levels, our community’s conversations on taxation are distorted about the central issues of how a smart tax framework creates and sustains societal fairness and competitiveness.

It was easy to witness this distortion in last week’s amended motion at Vancouver council to shift 2% – two freaking per cent – of the tax base over three years – three freaking years – to residential from commercial properties. The minor gesture made for major squawking: too much, too little, too late, too many unintended consequences. Why? Probably because the local tax regime strikes almost all parties as inappropriate in the circumstances.

But it was also easy to witness in the recent provincial tax treatment of housing, whether it involved another layer of charges on more expensive homes, or taxes on second properties in certain communities, or those on an empty dwelling in some cities or foreign-owned ones. These struck hostile chords and claims of confiscation and class warfare, or enthusiastic and gleeful summoning of vindictiveness about acquired wealth.

And this distortion was too easy to witness in this federal mandate’s ham-fisted handling of tax reforms for small businesses, a pratfall mostly straightened up before it became a fatal piece of political baggage.

Our country needs a civil discourse on how our taxes will ensure we attract capital and talent, how we finance our critical needs of infrastructure and social programming and how we are positioned globally.

Last week the Business Council of Canada released its sixth annual Total Tax Contribution survey, which examined data from 2017, a GDP growth of 3% that led the G7. The PricewaterhouseCoopers (PwC) study for the council looked at 83 large Canadian companies and found they contributed $76.8 billion to governments, up $8.5 billion from 2016 and $13 billion from 2015. That total, the council notes, exceeded what governments spent on benefits for the elderly and for children.

What the study demonstrated, and what others like it have, is the connection between healthy economies and healthy public finances. What we lack, though, is dialogue to make our economy more prone to this kind of growth through a better tax framework, so we can deal with the critical public policy challenges in an aging society, in disruption from automation and in lifting more Canadians out of poverty. The answers certainly lie more in economic growth than in tax growth.

In conversation with two of the council’s executives – CEO and president Goldy Hyder and policy vice-president Brian Kingston – it’s apparent they worry that these seemingly good times are making us self-satisfied.

We don’t routinely draw the connection between the growth of the economy and the support of social programs.

The distortion in our conversations on taxes propels the myths that any significant review would simply make businesses more profitable at the expense of labour. Hyder asserts “this isn’t a business versus labour” matter, but one of personal tax rates – “big business is worried more about their employees” – because Canada is not competitively positioned to attract and retain talent with leading-edge skills.

In case you haven’t noticed, no one’s election platform appears to be preaching the need for tax reform.

One silver lining of the minority government that polls suggest: it might be easier to collaborate with less partisanship to effect this reform.

“We’re going to continue to make the case that it’s the right move and it should be done post-election,” said Kingston.

(The conversation with Hyder and Kingston can be heard at biv.com/audio, as Episode 240 of the daily BIV podcast.) 

Kirk LaPointe is editor-in-chief of Business in Vancouver and vice-president, editorial, at Glacier Media.

 

 
Spending

Photos: See inside Richmond’s first capsule hotel

Each pod has a pull down screen for privacy, ventilation, a small side table and a hook for clothes. Photo: Alyse Kotyk

The first “capsule” or pod hotel in the Lower Mainland is getting ready to open its doors in Richmond.

Panda Pod Hotel, located on No. 3 Road near Granville Avenue, hosted an opening celebration on Tuesday, offering a first glimpse of its unique sleeping quarters.  

Sharon Cheung, CEO of Panda Pod Hotel, said Richmond was selected because of its convenient location for travelers.

“It’s close to the airport, it’s central, there’s a lot of facilities in the area, a lot of restaurants, there’s a lot of shopping opportunities, the outlet mall’s right here, so it’s perfect for travelers to have a good stop here,” she said.

The hotel, which only allows guests aged 18 and older, aims to provide convenient accommodation at affordable rates. The catch, however, is that guests must be willing to spend the night in a “sleeping pod.”

These sleeping pods, which are stacked two high, are divided into male and female dorms and are just large enough for a mattress and a small side table that comes from the wall. They have hooks to hang clothes, adjustable ventilation and a privacy screen to pull down over the entrance. Each guest is also given access to shared washrooms and a place to store luggage. 

Already, Cheung said they’ve had interest from both investors and travelers.

“Two nights ago we got about 20 calls between 11:30 p.m. to 12:30 a.m. and we’re not even open yet,” she said, suspecting that the influx of calls may have been due to a delayed flight.

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Lockers for guests near the front entrance to the hotel. Each pod also has storage underneath the bed. Photo: Alyse Kotyk

Those eager to stay at the pod hotel will have to wait at least a few more days, however, as construction is still underway and the women’s dorm is not yet complete. Even so, Cheung says they will open “hopefully next week.”

Capsule hotels are popular in Asia, especially in Japan where they first took off. However, Panda Pod Hotel says their pods are designed to be 30 per cent longer and wider than their Japanese counterparts.

“We share some core interests (with Japanese pod hotels), which means that we try to keep things basic,” she said. “A lot of travelers just want a place to crash and they want to spend their time and money and energy exploring and that’s what we’re trying to accommodate.

“If you compare our pods with the Japanese pods, I would say that we are much bigger to suit the North American guests.”

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The hotel has 64 beds divided into male and female dorms. Photo: Alyse Kotyk

The hotel is offering a special introductory rate of $49 for stays until the end of May and prices on Booking.com show the cost of a one-night stay in a pod to be around $70 before taxes in June. Cheung said they are also working on a pair and group rate.

“We want to stay competitive in the market for groups,” she said.

Canada’s first pod hotel, Pangea Pod, opened in Whistler last year in the hopes of offering more affordable accommodation at the renowned ski resort. There, for a single person, pods can be as low as $60 for one weeknight during the spring or reach up to $180 for a weekend night over the winter.

Richmond News

 
Spending

These are the best restaurants in Vancouver of 2019

Photo courtesy DownLow Chicken Shack

Vancouver Magazine has been recognizing excellence in local dining for 30 years now, and for those who dine out in pursuit of the best of the best, the publication’s annual Restaurant Awards are key.

Pulling up a seat a tables at Vancouver’s hidden gems, buzziest newcomers, modest mom-and-pops, and splashy high-profile places, the 15 industry-expert judges spend meal after meal tasting the city. Full disclosure, I was honoured to have been part of the Restaurant Awards judging panel for the first time this year.

On Monday, April 29, the wait was over, and in a well-attended ceremony held at the Sheraton Wall Centre and hosted by CBC Vancouver personalities Anita Bathe and Lien Young, the winners were revealed, and all nominees were celebrated.

This year there were a few surprises, like Stem Japanese Eatery in Burnaby nabbing the Best New Restaurant (and Best Japanese). Powerhouse spots like Boulevard Seafood & Oyster Bar shone in multiple categories (Best Seafood, Best Dessert, Best Upscale). Off the radar places like Hey, Dumplings!, Mumbai Local, Chancho, and Moltaqa made their presence known. And it’s still going to be pretty tough to get a reservation at St. Lawrence, and the line will keep being out the door for that hot chicken at the Downlow Chicken Shack.

Stepping into the limelight for some solo awards were Chef of the Year J.C. Poirier of St. Lawrence, Bartender of the Year Amber Bruce of The Keefer Bar, and Lifetime Achievement awardee Chef Leung Yiu Tong of Hoi Tong in Richmond – the latter who, at 81, finally agreed to retire this year and shutter his acclaimed Cantonese-style restaurant.

You can pick up the May/June 2019 issue of Vancouver Magazine to read all about the winners, runners-up, and spotlight honourees for this year, but we’ve got the full list of awardees right here for your quick perusal. Get ready to make your dining out plans for the next 365 days right now.

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Photo courtesy St. Lawrence

Here are the 2019 winners of the Vancouver Magazine Restaurant Awards:

Restaurant of the Year

St. Lawrence

Chef of the Year

J.C. Poirier – St. Lawrence

Best New Restaurant

1. Stem Japanese Eatery

2. Pepino’s

3. Ugly Dumpling

Honourable Mentions: Elisa, Como Taperia

Bartender of the Year

Amber Bruce – The Keefer Bar

Sommelier of the Year

Shane Taylor – CinCin

Producer of the Year

Glorious Organics

Best Upscale

1. Boulevard

2. Hawksworth

3. The Pear Tree

Honourable Mentions: Botanist, Bauhaus

Best Casual

1. Downlow Chicken Shack
2. Chancho Tortilleria
3. Fat Mao Noodles

Honourable Mentions: Hey, Dumplings!, The Tuck Shoppe

Best West Coast

1. Burdock & Co.
2. AnnaLena
3. Nightingale
Honourable Mentions: Farmer’s Apprentice, The Pear Tree

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Spicy octopus at Burdock & Co. Photo Sandra Thomas

Best of the Neighbourhoods

North Shore
1. Terroir Kitchen
2. Orto
3. Olive and Anchor
4. Lift Breakfast Bakery
5. Zen Japanese

Downtown
1. Nook
2. Tetsu Sushi Bar
3. Mumbai Local
4. Heritage Asian Eatery
5. Amici Miei

Chinatown
1. Bao Bei
2. Kissa Tanto
3. Upstairs at Campagnolo
4. Chinatown BBQ
5. Torafuku

Gastown
1. St. Lawerence
2. Ask For Luigi
3. Dosanko
4. Pidgin
5. Moltaqa

East Side
1. Burdock & Co.
2. Kishimoto
3. Joojak
4. Savio Volpe
5. Masayoshi

West Side
1. L’Ufficio
2. Au Comptoir
3. AnnaLena
4. Grapes & Soda
5. Landmark Hotpot

Best Victoria

1. Wild Mountain
2. Part and Parcel
3. Olo
Honourable Mentions: Agrius, House of Boateng

Best Whistler

1. Alta Bistro
2. Grill Room
3. Araxi
Honourable Mentions: Bar Oso, The Red Door

Best Okanagan

1. Waterfront Wines
2. Raudz
3. Liquidity Bistro

Best Chinese

Chef Tony

2. Hoi Tong

3. Dynasty

Honourable Mentions: Jade Seafood, Sanbo

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Stuffed crab claws at Hoi Tong (Lindsay William-Ross/Vancouver Is Awesome)

Best French

1. St. Lawrence
2. Le Crocodile
3. Au Comptoir
Honourable Mentions: Café Salade de Fruits, Tableau Bar Bistro

Best Italian

1. Savio Volpe
2. Giardino
3. CinCin
Honourable Mentions: La Quercia, Ask for Luigi

Best Indian

1. Swad
2. My Shanti
3. Dosa Corner
Honourable Mentions: Vij’s, Sachdeva Sweets

Best Pan-Asian

1. Kissa Tanto
2. Heritage Asian Eatery
3. Longtail Kitchen
Honourable Mentions: Torafuku, Penang Delight

Stuffed crab claws at Hoi Tong (Lindsay William-Ross/Vancouver Is Awesome)

Best French

1. St. Lawrence
2. Le Crocodile
3. Au Comptoir
Honourable Mentions: Café Salade de Fruits, Tableau Bar Bistro

Best Italian

1. Savio Volpe
2. Giardino
3. CinCin
Honourable Mentions: La Quercia, Ask for Luigi

Best Indian

1. Swad
2. My Shanti
3. Dosa Corner
Honourable Mentions: Vij’s, Sachdeva Sweets

Best Pan-Asian

1. Kissa Tanto
2. Heritage Asian Eatery
3. Longtail Kitchen
Honourable Mentions: Torafuku, Penang Delight

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Photo courtesy Pepino’s

Best Steakhouse

1. Hy’s
2. Elisa
3. Victor
Honourable Mentions: Gotham, Black and Blue

Best Vegetarian

1. The Acorn
2. Aleph Eatery
3. Virtuous Pie
Honourable Mentions: The Arbor, Heirloom

Best Bar

1. Grapes and Soda
2. Upstairs at Campagnolo
3. Juniper
Honourable Mentions: Trans Am, Shameful Tiki

Best Chain

1. Cactus Club
2. Joey
3. Nook
Honourable Mentions: Tacofino, Earls

Best Dim Sum

1. Golden Paramount
2. Chef Tony
3. Dynasty
Honourable Mentions: Fisherman’s Terrace, Yue Delicacy

Best Pizzeria

1. Via Tevere
2. Pizza Farina
3. Bufala
Honourable Mentions: Corduroy Pie Company, Ignite

6

Photo courtesy Via Tevere

Best Ramen

1. Marutama
2. Hokkaido Ramen Santouka
3. Danbo
Honourable Mentions: Motomachi Shokudo, Ramen Koika

Best Seafood

1. Boulevard
2. Coquille
3. Landmark Hotpot
Honourable Mentions: Oddfish, Blue Water Cafe

Vancouver is Awesome

 
Spending

Famous Taiwanese large fried chicken spot open in Lower Mainland

Images: Hot Star via Instagram

A long-awaited Taiwanese fried chicken restaurant finally opened its doors this week, offering cutlets as big as your head.

The well-loved night market snack – a 30-cm wide fried chicken cutlet – is available at Hot Star's new, permanent restaurant location in Richmond at 1623-4791 McClelland Road as of Thursday, May 2.

Hot Star first opened in Taiwan in 1992, and has slowly been expanding their global presence. In 2015 they hit the Canadian market, but their expansion to B.C. has been anticipated for well over a year now.

On the menu is fried chicken in multiple varieties with a choice of seasonings, including a fiery Korean style, stuffed with cheese or with a crispy coating.

In anticipation of Hot Star’s opening, check out some social media posts of their massive fried chicken:

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Say yes to fried chicken!! 🍗🍗🍗 Photo cred 📷:

A post shared by Hot Star | Large Fried Chicken (@hotstar_canada) on

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It's bigger than you face! Our North York store's 1st year anniversary is going to end this Friday Aug 24. Come fast to get your free snack or drink with every large fried chicken you purchased!! Photo credit:

A post shared by Hot Star | Large Fried Chicken (@hotstar_canada) on

With files from Lindsay William Ross/Vancouver is Awesome

Richmond News

 
Exploring

What are we reading? May 2, 2019

Shutterstock

Each week, BIV staff will share with you some of the interesting stories we have found from around the web.

 

Kirk LaPointe, editor-in-chief:

The central problem in securing the impending 5G technology from cyber surveillance and hacking is summarized in the last sentence of this thorough look at the issues from an American perspective: “The problem is that most people don’t think very hard about what that world would look like.” - The New Yorker  https://www.newyorker.com/news/annals-of-communications/the-terrifying-potential-of-the-5g-network

 

Worried that the era of autonomous vehicles will take away your right to drive? Not so fast. The Human Driving Association is here to represent the right-to-driving movement in the United States. - The New Yorker

https://www.newyorker.com/culture/annals-of-inquiry/the-fight-for-the-right-to-drive

 

There have been several first-blush takes on the Mueller report on the Trump administration, but this deep dive from the editor of respected legal journal Lawfare makes a case for a case against the US president. It also absolves him on a couple of key points. - The Atlantic

https://www.theatlantic.com/ideas/archive/2019/04/ben-wittes-five-conclusions-mueller-report/588259/

 

Timothy Renshaw, managing editor:

And people think baby boomers are old and in the way. They've got nothing on Xenon 124, the half-life expectancy of which has recently been clocked at around 18 sextillion years. - New Atlas

https://newatlas.com/xenon1t-element-longest-half-life/59458/

 

Corruption continues to suck the lifeblood out of the global economy. This new report from the International Monetary Fund estimates that around US$1 trillion in tax revenue annually is being lost to corruption worldwide. That is a whole lot of resource that could be applied to education, health, infrastructure and other pressing issues in every country. - International Monetary Fund

https://www.imf.org/en/Publications/FM/Issues/2019/03/18/fiscal-monitor-april-2019

 

However, that might be chump change compared with the estimated US$160 trillion that renewable energy could save in climate change costs by 2050. - Forbes

https://www.forbes.com/sites/jamesellsmoor/2019/04/14/renewable-energy-could-save-160-trillion-in-climate-change-costs-by-2050/#52e99d244878

 

Mark Falkenberg, deputy managing editor:

Former FBI director James Comey’s op-ed on why few who come into contact with Donald Trump come away with their reputations unfouled:

“Amoral leaders have a way of revealing the character of those around them. Sometimes what they reveal is inspiring…. But more often, proximity to an amoral leader reveals something depressing. I think that’s at least part of what we’ve seen with Bill Barr and Rod Rosenstein.” - New York Times

https://www.nytimes.com/2019/05/01/opinion/william-barr-testimony.html

 

Global’s Jane Gerster with a crash course on where Canada’s garbage goes, and why it’s now causing international political grief for Ottawa. - Global News

https://globalnews.ca/news/5225389/sending-canadian-trash-abroad/

 

Tyler Orton, reporter:

The Catastrophic Performance of Bill Barr. - The Atlantic

https://www.theatlantic.com/ideas/archive/2019/05/bill-barrs-performance-was-catastrophic/588574/

 

I’m not usually a sucker for animal stories but the Russian spy whale’s high-profile “defection” to Norway is one straight out of the Cold War. - Washington Post

https://www.washingtonpost.com/world/2019/05/02/authorities-alleged-russian-spy-whale-is-refusing-leave-seeking-norwegians-devotion/?utm_term=.715317814b37

 

Glen Korstrom, reporter:

The Vancouver Whitecaps this week responded to allegations that it failed to alert police about accusations that a former coach in its women's soccer program bullied and harassed players in 2008. Instead it hired an ombudsperson and then parted ways with the coach. I'm a bit late to this story but I looked at the club’s full response, along with its timeline of events:

https://www.whitecapsfc.com/post/2019/05/01/letter-whitecaps-fc-co-owners-greg-kerfoot-and-jeff-mallett

I also read the February-written blog post from former women's Whitecaps player Ciara McCormack, which prompted new awareness of the alleged abuse and prompted the Whitecaps' fans' response to leave games en masse at designated times in a couple games so far. McCormack’s thorough account gives insight into the politics of women's soccer and explains why she gave up her dream of playing for Canada, and instead played for Ireland, a country for which she is a dual citizen:

https://ciaramccormack.com/2019/02/25/a-horrific-canadian-soccer-story-the-story-no-one-wants-to-listen-to-but-everyone-needs-to-hear/

 

Curaleaf’s May 1 announcement of its US$1 billion purchase of (the bizarrely similarly named) Cura Cannabis caught my eye because I wrote about Massachusetts-based Curaleaf recently. Curaleaf conducted the largest non-mining merger or acquisition in B.C. last year with its reverse takeover to go public. The background story on Curaleaf is fascinating (its chair was involved selling state assets after the fall of the Soviet Union) but the background on its new acquisition target is even more storied, as this article sets out. - Oregon Live

https://www.oregonlive.com/business/2019/05/cura-cannabis-portlands-billion-dollar-marijuana-company-has-a-tortured-past.html

 

While on cannabis, this story stood out for me because it touches on what would be the biggest possible stimulant to cannabis-sector stocks: the legalization of marijuana nationwide in the U.S.

Seems as though the weed sector is burning millions of dollars on lobbyists in Washington D.C. with so-far dubious results. - Vice https://www.vice.com/en_us/article/pajbqy/cannabis-lobbying-in-washington-dc-isnt-working

 

Nelson Bennett, reporter:

Snow covering your solar panels? S'now problem. Researchers in Canada and the U.S. say they have developed a way of generating electricity from falling snow – a novel approach to dealing with solar panels that quite generating when they are covered by the white stuff. - CTV

https://www.ctvnews.ca/sci-tech/revolutionary-device-creates-electricity-from-snowfall-1.4404825