Trigon Pacific Terminals Limited v. Prince Rupert Port Authority
Trigon Pacific Terminals Limited
Prince Rupert Port Authority
Law Firm / Organization
DLA Piper (Canada) LLP
Lawyer(s)

Dan Misutka

Background: Trigon Pacific Terminals Limited (Trigon) leased land from Prince Rupert Port Authority (PRPA) in 1981. In 2015, PRPA entered into an agreement with Vopak Development Canada Inc., granting Vopak exclusive rights to handle liquefied petroleum gas (LPG) at the port. This agreement was later succeeded by Ridley Island Energy Export Facility Limited Partnership (REEF LP).

Legal Arguments/Issues: Trigon requested permission from PRPA to expand its lease to include the handling of LPGs. PRPA denied this request, citing conflicts with the exclusivity rights granted under the Vopak Agreement. Consequently, Trigon filed a lawsuit against PRPA, seeking various declarations, specific performance, damages, and an injunction. REEF LP, concerned that Trigon's requested relief would infringe upon its exclusivity rights, sought to be added as a defendant in the lawsuit. REEF LP argued that the Associate Judge erred by requiring it to demonstrate a cause of action and misapplied the "just and convenient" test for adding parties.

Held: The Associate Judge dismissed REEF LP's application to be added as a defendant. The judge ruled that REEF LP failed to demonstrate a direct interest or a cause of action related to the existing dispute. Additionally, REEF LP did not provide a proposed pleading or sufficient affidavit evidence to justify its inclusion under Rule 6-2(7). On appeal, the court upheld the Associate Judge's decision, concluding that REEF LP's participation was unnecessary for adjudicating the underlying dispute.

Costs/Damages Awarded: The appeal was dismissed with costs payable to Trigon. No specific damages were awarded in this decision.

Supreme Court of British Columbia
S237527
Corporate & commercial law
Plaintiff