Appellant
Respondent
Background:
Ridley Island Energy Export Facility Limited Partnership (REEF LP), via its general partner, sought to be added as a defendant in litigation initiated by Trigon Pacific Terminals Limited against the Prince Rupert Port Authority (the Port). Trigon claimed the Port breached their lease agreement by denying Trigon permission to handle liquefied petroleum gas (LPG), citing exclusivity rights granted to REEF LP under a separate agreement.
Key Issues:
The case focused on Rule 6-2(7)(c) of the Supreme Court Civil Rules, which governs adding parties to litigation. REEF LP argued its contractual exclusivity rights with the Port could be affected by the lawsuit's outcome. Trigon opposed REEF LP’s inclusion, asserting it was not a party to the lease in dispute.
Decisions Below:
Both an associate judge and a chambers judge denied REEF LP’s application, finding it failed to establish a sufficient connection to the litigation. They concluded adding REEF LP would not be just or convenient, as it lacked direct contractual claims against either Trigon or the Port.
Court of Appeal Ruling:
The Court of Appeal allowed REEF LP’s appeal, determining the exclusivity rights were integral to the litigation’s resolution and adding REEF LP was just and convenient. The decision aimed to prevent inefficiency and ensure fairness.
Costs:
The Court of Appeal awarded costs to REEF LP but did not specify the amount in the judgment.
Court
Court of Appeals for British ColumbiaCase Number
CA49993Practice Area
Civil litigationAmount
Winner
AppellantTrial Start Date