ATL Trucking Ltd. et al. v. Vancouver Fraser Port Authority, 2015 FC 420

JudgeZinn, J.
CourtFederal Court (Canada)
Case DateFebruary 25, 2015
JurisdictionCanada (Federal)
Citations2015 FC 420;(2015), 478 F.T.R. 12 (FC)

ATL Trucking Ltd. v. Port Authority (2015), 478 F.T.R. 12 (FC)

MLB headnote and full text

Temp. Cite: [2015] F.T.R. TBEd. AP.051

ATL Trucking Ltd., A-Can Transport Ltd., AMK Carrier Inc., Coast Pacific Carrier Inc., Forward Transport Ltd., GPX Express Inc., Greenlight Courier Ltd., GRL Freightways Inc., H Rattan Trucking Ltd., Hutchison Cargo Terminal Inc., Inter Canadian Trucking Ltd., Jeevan Chohan Transport Ltd., K D Truckline Ltd., Nilam Trucking Ltd., Orca Canadian Transport Ltd., Pro Line Trucking Corp., Raja Road Rail Services Ltd., Roadstar Transport Company Ltd., Sahir Trucking Ltd., Safeway Trucking Ltd., Salh Trucking 2001 Ltd., Sidhu Services Ltd., Super Sonic Transport Ltd., Super Star Trucking Ltd., TRASBC Freight Ltd., TRANSBC Freightways (2007) Ltd., Villager Transport Ltd. (applicants) v. Vancouver Fraser Port Authority (respondent)

(T-196-15)

Goodrich Transport Ltd. and Royal Team Canada Transport Ltd. (applicants) v. Vancouver Fraser Port Authority (operating as Port Metro Vancouver)

(respondent)

(T-192-15; 2015 FC 420)

Indexed As: ATL Trucking Ltd. et al. v. Vancouver Fraser Port Authority

Federal Court

Zinn, J.

April 8, 2015.

Summary:

The Vancouver Fraser Port Authority (VFPA) refused the applicant trucking companies' applications for licences under the Trucking Licensing System. The applicants applied for judicial review. VFPA moved to strike the proceedings, arguing that the court had no jurisdiction to hear the judicial review applications on the basis that VFPA was not acting as a "federal board, commission or tribunal" within the meaning of ss. 2, 18 and 18.1 of the Federal Courts Act.

The Federal Court dismissed the motion.

Courts - Topic 4021.1

Federal Court of Canada - Jurisdiction - Federal Court - Decisions of federal boards, commissions or tribunals - The Vancouver Fraser Port Authority (VFPA) created and implemented a new Trucking Licensing System to control access by trucking companies to its marine terminals - The applicant trucking companies applied for judicial review of VFPA's refusal to issue them licenses - VFPA moved to strike the proceedings, arguing that the court had no jurisdiction to hear the judicial review applications because it was not acting as a "federal board, commission or tribunal" within the meaning of ss. 2, 18 and 18.1 of the Federal Courts - The Federal Court dismissed the motion - VFPA was exercising its authority pursuant to s. 28(2)(a) of the Canada Marine Act, namely, port activities related to shipping, and transportation, handling and storage of goods - It was exercising an administrative power that was public in nature and character - VFPA was therefore acting as a federal board, commission or tribunal - See paragraphs 13 to 18.

Cases Noticed:

Air Canada v. Toronto Port Authority et al. (2011), 426 N.R. 131; 2011 FCA 347, refd to. [para. 13].

DRL Vacations Ltd. v. Halifax Port Authority (2005), 274 F.T.R. 293; 2005 FC 860, dist. [para. 14].

British Columbia (Attorney General) v. Lafarge Canada Inc. - see Burrardview Neighbourhood Association v. Vancouver (City) et al.

Burrardview Neighbourhood Association v. Vancouver (City) et al. (2007), 362 N.R. 208; 241 B.C.A.C. 1; 399 W.A.C. 1; 2007 SCC 23, refd to. [para. 16].

Adventure Tours Inc. v. St. John's Port Authority et al., 2013 FC 55, refd to. [para. 17].

Counsel:

Lisa Martz, Kyle Ferguson and Shea Coulson, for the applicants (T-196-15), ATL Trucking Ltd. et al.;

Gurpreet Badh and Benjamin Lau, for the applicants (T-192-15), Goodrich Transport Ltd & Royal Team Canada Transport Ltd.;

Harley Harris, Zachary J. Ansley, Greg Tucker and Daniel Coles, for the respondent.

Solicitors of Record:

Gudmundseth Mickelson, LLP, Vancouver, British Columbia, for the applicants (T-196-15), ATL Trucking Ltd. et al.;

Smeets Law Corporation, Vancouver, British Columbia, for the applicants (T-192-15), Goodrich Transport Ltd & Royal Team Canada Transport Ltd.

Owen Bird Law Corporation, Vancouver, British Columbia, for the respondent.

This motion was heard at Vancouver, British Columbia, on February 25, 2015, before Zinn, J., of the Federal Court, who rendered a decision on the same date and delivered the following reasons for order at Ottawa, Ontario, on April 8, 2015.

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2 practice notes
  • Goodrich Transport Ltd. et al. v. Vancouver Fraser Port Authority, (2015) 479 F.T.R. 130 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 22 Abril 2015
    ...commission or tribunal" within the meaning of ss. 2, 18 and 18.1 of the Federal Courts Act. The Federal Court, in a decision reported at 478 F.T.R. 12, dismissed the The Federal Court allowed the applications for judicial review and ordered that the licence applications be reassessed on the......
  • Maritime Law – Recent Key Judgments – 2015
    • Canada
    • Mondaq Canada
    • 11 Diciembre 2015
    ...that the Policy was void and Robinson's claims against Northbridge were dismissed. ATL Trucking Ltd. v Vancouver Fraser Port Authority, 2015 FC 420 ("ATL") and Goodrich Transport Ltd. v Vancouver Fraser Port Authority, 2015 FC 520 Goodrich, and the interlocutory decision in ATL, arose from ......
1 cases
1 firm's commentaries
  • Maritime Law – Recent Key Judgments – 2015
    • Canada
    • Mondaq Canada
    • 11 Diciembre 2015
    ...that the Policy was void and Robinson's claims against Northbridge were dismissed. ATL Trucking Ltd. v Vancouver Fraser Port Authority, 2015 FC 420 ("ATL") and Goodrich Transport Ltd. v Vancouver Fraser Port Authority, 2015 FC 520 Goodrich, and the interlocutory decision in ATL, arose from ......

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