GCT Canada Limited Partnership v. Vancouver Fraser Port Authority
GCT CANADA LIMITED PARTNERSHIP
VANCOUVER FRASER PORT AUTHORITY
Law Firm / Organization
McMillan LLP
ATTORNEY GENERAL OF CANADA

Background

  • GCT operates container terminals at Vancouver’s Port, including GCT Deltaport.
  • Dispute centers on GCT’s DP4 expansion project and VFPA’s competing RBT2 project.

Key Issues

  • Decisions:
    • March 2019: VFPA refused to process GCT’s DP4 proposal, citing environmental concerns and market concentration.
    • September 2019: VFPA rescinded the earlier refusal but maintained concerns about DP4’s feasibility.
  • Claims:
    • GCT alleged VFPA’s actions showed bias favoring RBT2 and sought judicial review to assign the review process to an independent body.

Court Findings

  • Bias: No evidence of actual bias by VFPA executives was found.
  • Mootness: Changes in environmental law (Impact Assessment Act) made parts of the dispute moot.
  • Procedural Fairness: The court acknowledged VFPA’s statutory obligations but did not find procedural unfairness warranting judicial intervention.

Conclusion

  • The application for judicial review was dismissed, with the court finding no substantive bias or procedural unfairness.
  • No monetary award, costs, or damages were specified in this decision.
Federal Court
T-538-19
Maritime law
Respondent