14 Mar 2023
Rayner v The British Columbia Coast Pilots Ltd.
The background involved the implementation of vaccination requirements by the British Columbia Coast Pilots Ltd. (BCCP) and the Pacific Pilotage Authority (PPA). The petitioners, Edward Rayner, Maciej Niksinski, and Lance Schilka, had been placed on unpaid administrative leave for non-compliance. They subsequently sought remedies for oppression under the Business Corporations Act. On the scheduled hearing day, they applied to discontinue the proceeding. The respondent, The British Columbia Coast Pilots Ltd., opposed the discontinuance and sought the dismissal of the entire proceeding, along with special costs. The court adjourned the matter for written submissions and research. Later, the petitioners consented to refrain from bringing any future proceedings against the respondent. The court ruled as follows:
a) The petition was discontinued.
b) The discontinuance served as a defense against future proceedings with similar causes of action by any of the petitioners against the respondent.
c) By their consent, the petitioners were not allowed to initiate future proceedings seeking the same relief against the respondent.
d) The respondent was awarded 70% of their special costs against the petitioners, jointly and severally.
No specific information regarding a financial award was provided in the case.