Federal Court of Canada orders GCT to pay costs to port authority
In a November 23, 2022, decision, the Federal Court of Canada ordered GCT Canada Limited Partnership (GCT) to pay more than $115,000 in costs (for legal fees) to the Vancouver Fraser Port Authority.
The ruling follows a July 26, 2022, decision in which the federal court categorically rejected GCT’s allegations of port authority bias in pursuing the Roberts Bank Terminal 2 Project—in proximity to GCT’s Deltaport container terminal—over GCT’s proposed container terminal expansion project.
The court rejected a GCT submission that GCT should not be required to pay costs because the outcome of recent court proceedings was mixed. Instead, the court found there was “no doubt” that the port authority was the “successful party”.
The Federal Court of Canada’s ruling on cost was clear and unequivocal. In its reasons, the court referred to GCT’s “aggressive position”, with the judge noting the “the chickens have now come home to roost” and “GCT must face the consequences of its decisions.”
A copy of the reasons can be found here.
Roberts Bank Terminal 2 is a proposed future three-berth marine container terminal in Delta, B.C. It would increase Canada’s west coast container terminal capacity by 30% and is a critical piece of the puzzle meeting Canada’s growing trade needs, supporting economic prosperity, and ensuring Canadian consumers and businesses can reliably access the goods they need every day.
The port authority continues to advance the Roberts Bank Terminal 2 Project, under its public-interest mandate to enable Canada’s trade through the Port of Vancouver.