Parliamentary privilege protects Transportation Minister Kevin Falcon from testifying in a case brought by a former Cambie Street merchant, a judge ruled yesterday.
"It is the fact of the session and not the sitting of the day which I am concerned," said Justice Ian Pitfield.
Cameron Ward, attorney for plaintiff Susan Heyes, argued Falcon could testify as an "adverse" witness during the course of the lawsuit because the legislative assembly is not sitting for Spring Break despite it being in session.
Justice Pitfield expressed concerns over the House being perpetually in session when government is called at the beginning of a term.
Heyes brought legal action against all levels of government and transit bodies for financial losses sustained while operating Hazel and Co., a maternity wear shop, during Canada Line construction.
Heyes has since closed shop and moved her business to Main Street.
Former Finance Minister Carole Taylor is scheduled to testify when the case begins today.
