Silber (c.o.b. Stacey's Furniture World) v. British Columbia Television Broadcasting System Ltd.
Between
Arnold Silber, and Value Industries Ltd., carrying on business as Stacey's Furniture World, plaintiffs, and
British Columbia Television Broadcasting System Ltd.,
Dale Hicks and Ken Chu, defendants
[1985] B.C.J. No. 3012
[1986] 2 W.W.R. 609
69 B.C.L.R. 34
Vancouver Registry No. C812859
British Columbia Supreme Court Vancouver, British Columbia
Lysyk J.
Heard: November 26-28, December 2-4, 1985. Judgment: December 16, 1985.
(36 paras.)
[Quicklaw note: Supplementary reasons for judgment were delivered December 19, 1985. See [1985] B.C.J. No. 3009.]
Counsel:
D. Lunny, for the plaintiffs.
D. Gooderham, for the defendants.
1 LYSYK J.:-- This is an action for damages for trespass and invasion of privacy arising out of an incident which occurred five years ago at the premises of a store called Stacey's Furniture World ("Staceys") in Richmond, British Columbia. There is a counterclaim for damages for assault. Criminal proceedings ensued from those events and this, counsel advise, accounts for the delay in bringing this action to trial.
2 The plaintiff Arnold Silber was then and is now the President and sole shareholder of the plaintiff Value Industries Ltd. ("Value"), the owner of Staceys. The defendants Dale Hicks and Ken Chu were at all material times employed by the defendant British Columbia Television Broadcasting System Ltd. ("B.C.T.V."). On the date of the events giving rise to this action, November 25th, 1980, Hicks and Chu were operating as a news reporting team. Hicks was the on-camera journalist who delivered the commentary and Chu was the cameraman.
3 The facts, in outline, are these. Since May of 1980 the Teamsters' Union had been on strike against Collingwood Services Ltd. The latter, a company associated with the corporate plaintiff, Value, and controlled by the plaintiff Silber, performed delivery