Summary: Pacific Coast Terminals and others filed a judicial review against the Vancouver Fraser Port Authority (VFPA) regarding the Gateway Infrastructure Fee 2022 (GIF2022). The applicants challenged the fairness and reasonableness of these fees, which were implemented to fund various port infrastructure projects.

Key Points:

• Issue: The main contention is whether the fee methodology used by VFPA is equitable, particularly in terms of the benefits derived from the funded projects relative to the fees charged.
• VFPA Decision: The fees were set under the Canada Marine Act to maintain the port's financial self-sustainability. The applicants argue that the fee allocation does not proportionately benefit them, suggesting a mismatch between the fees paid and the advantages received.
• Legal Proceedings: The court focused on whether VFPA provided all pertinent documents during the discovery process. The applicants believed that critical information was withheld, limiting their ability to contest the fees adequately.
• Court Ruling: The Federal Court mandated VFPA to release additional documents related to the decision-making process for GIF2022, highlighting the need for complete transparency in administrative decisions affecting stakeholders.

Outcome: The court's decision emphasizes the importance of thorough documentation in ensuring that fee structures are both transparent and justifiable. VFPA is required to furnish more extensive records to allow a fair evaluation and challenge of the fee implementation.