IN THE SUPREME COURT OF BRITISH COLUMBIA

Transcription

1 SUPREME COU~T OF BRITISH COLUMBIA VANCOUVER Rf!.GJ~,-rRY APR No. Vancouver Registry r ~~, '1 <" _,; IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN PRO WEST TRUCKING LTD., TREND TRANSPORT LTD., A C TRANSPORT LTD., A-CAN TRANSPORT LTD., AHEER TRANSPORTATION LTD., AMALGAMATED TRANSPORT SYSTEMS INC, AMK CARRIERS INC., BEST CAN TRUCKING LTD., BLACK SWAN TRUCKING INC., CAN AMERICAN LTD., FERNDALE TRANSPORT LTD., FUTURE TRUCKING LTD., GANTRY TRUCKING LTD., GULZAR TRANSPORT INC., HAP ENTERPRISES LTD., INTER CANADIAN TRUCKING LTD., JETE'S LUMBER COMPANY LTD., MDW EXPRESS TRANSPORT LTD., OLYMPIA TRANSPORTATION LTD., PORT TRANSPORT LTD., PRUDENTIAL TRANSPORTATION LTD., RIDEWAY TRANSPORT LTD., SANDHAR TRUCKING LTD., SEA VILLE TRANSPORT LOGISTICS LTD., SIDHU SERVICES LTD., SUNLOVER HOLDING CO. LTD., T S D HOLDINGS INC., UNIQUE TRUCKING LTD., UNITED COASTAL LOGISTICS LTD., ROAD STAR CONTAINER SERVICE INC., GRL FREIGHTW AYS LTD., TY'S TRUCKING LTD., and SAHIR TRUCKING LTD. AND PLAINTIFFS VANCOUVER FRASER PORT AUTHORITY dba PORT METRO VANCOUVER and HER MAJESTY THE QUEEN IN RIGHT OF CANADA NOTICE OF CIVIL CLAIM DEFENDANTS This action has been started by the plaintiffs for the relief set out in Part 2 below. If you intend to respond to this action, you or your lawyer must (a) (b) file a response to civil claim in Form 2 in the above-named registry of this court within the time for response to civil claim described below, and serve a copy of the filed response to civil claim on the plaintiffs. If you intend to make a counterclaim, you or your lawyer must

2 -2- (a) (b) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the above-named registry of this court within the time for response to civil claim described below, and serve a copy of the filed response to civil claim and counterclaim on the plaintiffs and on any new parties named in the counterclaim. JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim within the time for response to civil claim described below. TIME FOR RESPONSE TO CIVIL CLAIM A response to civil claim must be filed and served on the plaintiffs, (a) (b) (c) (d) if you were served with the Notice of Civil Claim anywhere in Canada, within 21 days after that service, if you were served with the notice of civil claim anywhere in the United States of America, within 35 days after that service, if you were served with the notice of civil claim anywhere else, within 49 days after that service, or if the time for response to civil claim has been set by order of the court, within that time. Part 1: STATEMENT OF FACTS CLAIM OF THE PLAINTIFFS 1. The PlaintiffPro West Trucking Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at loth Floor 938 Howe Street, Vancouver, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 2. The Plaintiff Trend Transport Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at 1oth Floor- 938 Howe Street, Vancouver, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 3. The Plaintiff A C Transport Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at #215, nd Avenue, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver,

3 -3-4. The Plaintiff A-Can Transport Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at B Avenue, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 5. The Plaintiff Aheer Transportation Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at 1681 West 7th Avenue, Vancouver, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 6. The Plaintiff Amalgamated Transport Systems Inc. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at Suite 215, nd A venue, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 7. The Plaintiff AMK Carrier Inc. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at Avenue, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, British Columbia. 8. The Plaintiff Best Can Trucking Ltd. is a limited company, duly incorporated pursuant to the laws ofbritish Columbia with a registered office at #81, Fraser Highway, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 9. The Plaintiff Black Swan Trucking Inc. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at # West 3rd Street, North Vancouver, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 1. The Plaintiff Can American Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at #3, th Avenue, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver,

4 The Plaintiff Ferndale Transport Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at Bird Road, Richmond, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 12. The Plaintiff Future Trucking Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at A Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 13. The Plaintiff Gantry Trucking Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at th Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 14. The Plaintiff Guizar Transport Inc. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at Willet Avenue, Richmond, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 15. The Plaintiff Hap Enterprises Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at # Fraser Street, Vancouver, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 16. The Plaintiff Inter Canadian Trucking Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at #24, th Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 17. The Plaintiff Jete's Lumber Company Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at # th Avenue, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver,

5 The Plaintiff MDW Express Transport Ltd is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at 3448 Thurston Place, Abbotsford, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 19. The Plaintiff Olympia Transportation Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at #2, th Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 2. The Plaintiff Port Transport Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at loth Fir, 938 Howe Street, Vancouver, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 21. The Plaintiff Prudential Transportation Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at Unit #239, th Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 22. The PlaintiffRideway Transport Ltd is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at # th Avenue, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 23. The Plaintiff Sandhar Trucking Ltd is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at 8391 No. 5 Road, Richmond, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 24. The Plaintiff Seaville Transport Logistics Ltd is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at No. 5 Road, Richmond, British Columbia and an address for service in this matter at Hornby Street, Vancouver,

6 The Plaintiff Sidhu Services Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at 3462 Clearbrook Road, Abbotsford, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 26. The Plaintiff Sunlover Holding Co. Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at # h Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 27. The Plaintiff T S D Holdings Inc. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at th Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 28. The Plaintiff Unique Trucking Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at 992 Gilbert Road, Richmond, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 29. The PlaintiffUnited Coastal Logistics Ltd is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at 711C 12th Street, Box 9768, Delta, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 3. The Plaintiff Road Star Container Service Inc.., is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at # h Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 31. The Plaintiff GRL Freightways Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at A Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver,

7 The PlaintiffTy's Trucking Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at #2-879 Marine Drive, North Vancouver, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 33. The Plaintiff Sahir Trucking Ltd. is a limited company, duly incorporated pursuant to the laws of British Columbia with a registered office at # Street, Surrey, British Columbia and an address for service in this matter at Hornby Street, Vancouver, 34. The Defendant Vancouver Fraser Port Authority doing business as Port Metro Vancouver ("Port Metro Vancouver") is a Federal crown corporation established by the Government of Canada pursuant to the Canada Marine Act, S.C. 1998, c.lo ("Marine Acf') with a registered office located at 155 West Hastings Street, Suite 22, Vancouver, British Columbia and a place of business in British Columbia at 1 The Pointe, 999 Canada Place, Vancouver, 35. Effective January 1, 28, the Vancouver Port Authority, the Fraser River Port Authority and the North Fraser Port Authority were amalgamated into one port authority, the Defendant Port Metro Vancouver. 36. The Defendant Her Majesty The Queen in Right of Canada has an address for service at the office of the Attorney General of Canada at 9-84 Howe Street, Vancouver, British Columbia. 37. The Plaintiffs are trucking companies in the business of transporting goods for their customers and are companies regulated by the Province of 38. From time to time, the Plaintiffs are contracted by their customers to transport containers to and from the premises of terminal operators located at the ports within the Lower Mainland and particularly, the ports of Vancouver, North Fraser and Fraser River. 39. In conducting their business in British Columbia, the Plaintiffs Aheer Transportation Ltd., Jete's Lumber Co. Ltd., Port Transport Ltd., Prudential Transportation Ltd. and Sunlover Holding Co. Ltd directly employ truck drivers and contract with various owner-operators who are represented by Unifor-Vancouver Container Truckers' Association ("Unifor-

8 -8- Vancouver"), a union that represents provincially regulated container truck drivers in British Columbia. The Collective Agreement between these Plaintiffs and Unifor-Vancouver expired on June 212 and currently there is no new Collective Agreement in place. 4. The remainder of the Plaintiffs directly employ truck drivers or contract with various owneroperators who are not represented by a union. 41. In or about May 25, some truck drivers formed an unincorporated association, the Vancouver Container Truckers' Association ("VCTA"), which was provincially regulated. 42. In or about June 25 members of the VCTA withdrew their services resulting in a cessation of container movement by road to and from the premises of terminal operators located at the ports within the Lower Mainland, namely the ports located in Vancouver and the Fraser River. 43. On July 29, 25, as a result of VCTA members withdrawal of services to the ports, the Governor General in Council, pursuant to s. 47 of the Canada Transportation Act, S.C. 1996, c. 1 ("Transportation Acf'), by Order in Council P.C , enacted the Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disnption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia, SOR/ ("Order Authorizing Negotiations''). 44. The Order Authorizing Negotiations, inter alia, exempted the parties from having to comply with the Competition Act, R.S.C., 1985, c. C-34 and directed the adoption of an interim licensing system which required trucking companies to pay their owner-operators load rates set out in the Memorandum of Agreement between Trucking Companies (Owner/Brokers) and VCTA dated July 29, 25 ("MOA"). 45. The material terms of the Order Authorizing Negotiations are: 2. (1) Subject to subsection (2), the facilitator, truckers, shippers, brokers, ports and the representatives of those persons and any other persons whose agreement, consent, participation or cooperation is required to resolve the dispute and implement any element of the proposed solution, including for greater certainty and if applicable, a public officer, are authorized under this Order during the designated period to:

9 -9- a) develop, assess, consult on and discuss a proposed approach to settle the dispute; and b) negotiate and enter into an agreement whose object is to settle the dispute, including an agreement in relation to rates, charges and terms and conditions for the provision of the truckers' services. (2) The authorizations granted under subsection (1) are for the sole purpose of giving the persons referred to in that subsection the freedom to do the things authorized in that subjection without the constraints imposed under the Competition Act that may otherwise apply. 3. A person whose activities are under the legislative authority of Parliament that is a party to an agreement for the movement by truck of containers into and out of a port shall comply with the rates, charges and terms and conditions set out in the agreement authorized under subsection 2(1) where the agreement for the movement of containers provides for their application. 4. This Order is effective for a period of9 days after it comes into force. 5. This Order comes into force on the day on which it is made. 46. On August 4, 25, the Governor General in Council, by Order in Council P.C enacted the Order Amending the Order Authorizing Negotiations, SOR/ which added the following material terms to the Order Authorizing Negotiations: APPLICATION TO PORT OF VANCOUVER 3.1(1) The Vancouver Port Authority is directed, in respect ofthe territory under its jurisdiction and control, a) to establish a licensing system giving access to the Port of Vancouver to trucks and other road transportation equipment for the delivery, pick-up or movement of containers into and out of that port; b) to include as two of the conditions of a licence issued under paragraph (a) that the applicant i) be a signatory to the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and Vancouver Container Truckers' Association dated July 29, 25 and be in full compliance with that agreement, and

10 -1- ii) accepts the arbitration process set out in section 1 of the Memorandum of Agreement for the purpose of reaching a final and binding resolution of any dispute relating to the interpretation or application of the licence; and c) to prohibit access to the Port of Vancouver to any truck or other road transportation equipment referred to in paragraph (a) that does not meet the requirements of paragraph (b). (2) The Vancouver Port Authority has the freedom to do the things directed of it under subsection (1) without the constraints imposed under the Competition Act that may otherwise apply. (3) Nothing in this section is intended to affect any collective labour agreement. APPLICATION TO PORT OF FRASER RIVER 3.2(1) The Fraser River Port Authority is directed, in respect of territory under its jurisdiction and control, a) to establish a licensing system giving access to the Port of Fraser River to trucks and other road transportation equipment for the delivery, pickup or movement of containers into and out of that port; b) to include as two of the conditions of a licence issued under paragraph (a) that the applicant i) be a signatory to the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and Vancouver Container Truckers' Association dated July 29, 25 and be in full compliance with that agreement, and ii) accepts the arbitration process set out in section 1 of the Memorandum of Agreement for the purpose of reaching a final and binding resolution of any dispute relating to the interpretation or application of the licence; and c) to prohibit access to the Port of Fraser River to any truck or other road transportation equipment referred to in paragraph (a) that does not meet the requirements of paragraph (b). (2) The Fraser River Port Authority has the freedom to do the things directed of it under subsection ( 1) without the constraints imposed under the Competition Act that may otherwise apply. (3) Nothing in this section is intended to affect any collective labour agreement.

11 -11- (4) Nothing in this section prohibits the Fraser River Port Authority from recognizing a licence issued under section 3.1 by the Vancouver Port Authority as sufficient for the purposes of this section. 47. The MOA referred to in the Order Authorizing Negotiations, as amended, set out minimum load rates that trucking companies were required to pay the owner-operators to transport containers to and from the terminal operators located at the ports in the Lower Mainland ("MOA Load Rates"). 48. On October 27, 25, the terms of the Order Authorizing Negotiations, as amended, were in effect further extended by Order in Council P.C for a further 9 days by the enactment of the Order Authorizing Certain Persons to be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority, SOR/ ("October Order"). Sections 4 and 5 of the October Order are the same in all material respects as sections 3.1 and 3.2 of the Order Authorizing Negotiations, as amended. 49. On January 19, 26, the terms of the Order Authorizing Negotiations, as amended, were in effect extended for a further 9 days by Order in Council P.C with the enactment of the Order Authorizing Persons Specified Therein to Be Parties to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and Fraser River Port Authority, SOR/ On or about April19, 26, the terms established by the Order Authorizing Negotiations, as amended and as were in effect subsequently extended, expired and were not renewed. 51. Although the terms of the Order Authorizing Negotiations, as amended, had expired the Vancouver Port Authority and the Fraser River Port Authority (now amalgamated with the North Fraser Port Authority into Port Metro Vancouver) continued to require trucking companies to comply with the MOA Load Rates as a requirement for licensing. 52. On or about November 9, 26, the Governor General in Council, pursuant to subsection 62(1) of the Marine Act enacted the Regulations Amending the Port Authorities Operations Regulations SOR/ which amended the Port Authorities Operations

12 -12- Regulations, SOR/2-55 ("Operations Regulation") to include the following additional provisions: Movement of Containers into, within or out of the Vancouver Port and Fraser River Port 31.1 (1) The Vancouver Port Authority and the Fraser River Port Authority shall not permit access to their respective ports by a truck or other road transportation equipment for the delivery, pick-up or movement of containers into, within or out of the port unless they have issued a written authorization in the form of a licence, in this regard and the holder of that authorization is in compliance with the minimum conditions referred to in subsection (2). (2) The written authorization referred to in subsection (1) shall specify as minimum conditions of the authorization that the holder comply with and ensure compliance with a) any appointments or reservation system established or adopted by the port authority for the port; b) the requirements established by the port authority respecting the identification of trucks and other road transportation equipment and the tracking, monitoring, location and movement of the trucks and other road transportation equipment into, within and out of the port; and c) any applicable law in respect of rates of remuneration that the owneroperator of a tractor covered by an authorization is to receive for the delivery, pick up or movement of containers into, within or out of the port. 53. On or about July 31, 27, the Governor General in Council, pursuant to subsection 62(1) of the Marine Act enacted the Regulations Amending the Port Authorities Operations Regulations, SOR/ to replace subsection 31.1 (2) of the Operations Regulation with the following: (2) The written authorization referred to in subsection (1) shall specify the following minimum conditions: a) that the holder shall comply with and ensure compliance with (i) any appointment or reservation system established or adopted by the port authority for the port; and (ii) the requirements established by the port authority respecting the identification of trucks and other road transportation equipment and the

13 -13- tracking, monitoring, location and movement of trucks and other road transportation equipment into, within or out of the port; and b) that the holder shall ensure the remuneration - for the delivery, pick-up or movement of containers into, within or out of the port- of an owner-operator of a tractor covered by the authorization is in accordance with (i) the applicable rate of remuneration set out in a collective agreement that is binding on the owner-operator of the tractor, (ii) in the absence of a collective agreement referred to in subparagraph (i), any applicable law in respect of rates of remuneration, or (iii) in the absence of a collective agreement referred to in subparagraph (i) and a law referred to in subparagraph (ii), a rate of remuneration that is at least equivalent to the applicable rate set out in a collective agreement, as amended from time to time or renegotiated, (A) that is binding on any other owner-operator of a tractor, (B) that is posted on the Internet site of the Vancouver Port Authority, and (C) whose applicable rate of remuneration is no less than that set out in the Memorandum of Agreement between Trucking Companies (Owners/Brokers) and the Vancouver Container Truckers' Association dated July 29, 25. (3) Paragraph (2)(b) does not apply in respect of an owner-operator of a tractor who is transporting containers referred to in that paragraph to or from a place outside the Lower Mainland of ( 4) The Minister shall, within two years after the coming into force of this subsection, conduct a review of the operation of paragraph (2)(b) and taking into consideration the results of that review, decide whether to modify that paragraph. 54. In or about late February 214 a majority of provincially regulated owner-operators withdrew their services resulting in a reduction of container movement by road to and from the premises of terminal operators located at the ports within the Lower Mainland. 55. In or about early March 214, Unifor-Vancouver took strike votes and served strike notice on behalf of its member truck drivers. 56. On or about March 1,214, Unifor-Vancouver commenced its strike.

14 On or about April3, 214, the Governor General in Council, pursuant to paragraphs 62(1)(b), (d) and (e) of the Marine Act, enacted the Regulations Amending the Port Authorities Operations Regulations, SOR/ to amend section 31.1 of the Operations Regulation as follows: (a) Subsection 31.1(1) of the Operations Regulation was replaced by the following: 31.1 (1) The Vancouver Fraser Port Authority shall not permit access to its port by a truck or other road transportation equipment for the delivery, pickup or movement of containers into, within or out of the port unless it has issued a written authorization in the form of a licence in this regard and the holder of that authorization is in compliance with the minimum conditions referred to in subsection (2). (b) Subparagraph 31.1 (2)(b )(iii) of the Operations Regulation was replaced by the following, which included the addition of a new subsection 31.1 (2.1 ): (iii) in the absence of a collective agreement referred to in subparagraph (i) and a law referred to in subparagraph (ii), a rate of remuneration that is at least equivalent to the applicable rate set out in the Memorandum of Agreement between Trucking Companies (Owner/Brokers) and the VCTA, dated July 29, 25, plus any increase set out in subsection (2.1 ). (2.1) For the purposes of subparagraph (2)(b )(iii), (a) the percentage used to calculate the fuel surcharge under paragraph 5 of the Memorandum of Agreement is increased from 1% to 2%; and (b) the rates set out in Schedule 2 of the Memorandum of Agreement are increased by 12%. 58. The Plaintiffs are required to complied with the Defendant, Port Metro Vancouver licensing requirements including the payment of the MOA Load Rates, the terms of the Order Authorizing Negotiations, as amended and in effect extended from time to time, and the Operations Regulation, as amended from time to time, including the most recent amendments in effect as of April3, The Defendants did not have the authority to require the Plaintiffs to pay the owner-operators the MOA Load Rates as a licensing requirement, or at all. The enactment of the above terms in the Order Authorizing Negotiations, as amended and in effect extended from time to time,

15 -15- and the above terms of the Operations Regulation, as amended from time to time, is ultra vires the legislative authority of the Parliament of Canada. 6. As a result of the Defendants unlawfully requiring that the Plaintiffs to pay the MOA Load Rates, as amended from time to time, the Plaintiffs have suffered and will continue to suffer loss and damages. Part 2: RELIEF SOUGHT 1. A declaration that paragraphs 3.1(1)(b) and 3.2(1)(b) of the Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia, SOR/ (as amended) was ultra vires the legislative authority of the Parliament of Canada and did not apply to the Plaintiffs on the basis of the Constitution Act, 1867 (U.K.), 3 & 31 Viet., c. 3, reprinted in R.S.C App. II, No. 5 ("Constitution Act, 1867''); 2. A declaration that paragraphs 4(1)(b) and 5(1)(b) of the Order Authorizing Certain Persons to Be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority, SOR/ was ultra vires the legislative authority of the Parliament of Canada and did not apply to the Plaintiffs on the basis of the Constitution Act, 1867; 3. A declaration that paragraphs 4(1)(b) and 5(1)(b) of the Order Authorizing Persons Specified Therein to Be Parties to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority, SOR/26-15 was ultra vires the legislative authority of the Parliament of Canada and did not apply to the Plaintiffs on the basis of the Constitution Act, 1867; 4. A declaration that subparagraph 31.1(2)(b)(iii) of the Port Authorities Operations Regulations, SOR/2-55 as was in force from July 31, 27 through April2, 214 was ultra vires the legislative authority of the Parliament of Canada and did not apply to the Plaintiffs on the basis of the Constitution Act, 1867; 5. A declaration that subparagraph31.1(2)(b)(iii) and subsection31.1(2.1) of the Port Authorities Operations Regulations, SOR/2-55 in force from April 3, 214 to the present date is ultra vires the legislative authority of the Parliament of Canada and does not apply to the Plaintiffs on the basis of the Constitution Act, 1867; 6. Interim, temporary, interlocutory and permanent injunctions as necessary to give effect to the relief sought; 7. Damages; 8. Interest pursuant to the Court Order Interest Act;

16 Costs; 1. Such further and other relief as to this Honourable Court may deem just. Part 3: LEGAL BASIS 1. The Plaintiffs rely on: a. Sections 91 and 92 of the Constitution Act, 1867; b. Section 52 of the Constitution Act, 1982, being Schedule B to the Canada Act, 1982 (U.K.), 1982, c. 11 and c. The inherent jurisdiction ofthe Court. Federalism- the Division of Powers under the Constitution Act, Section 92( 1 ) of the Constitution Act, 1867 grants exclusive authority to the Provincial legislatures to legislate over all matters in relation to local works and undertakings in the Province. Parliament does not have legislative jurisdiction over matters falling within s. 92(13) of the Constitution Act, Section 92(13) of the Constitution Act, 1867 grants exclusive authority to the Provincial legislatures to legislate over all matters affecting property and civil rights in the Province. Parliament does not have legislative jurisdiction over matters falling within s. 92(13) of the Constitution Act, Section s. 92(16) of the Constitution Act, 1867 grants exclusive authority to Provincial legislatures to legislate over matters of a merely local or private nature. Parliament does not have legislative jurisdiction over matters falling within s. 92(16) of the Constitution Act, The Plaintiffs are all provincially regulated entities engaged in the local container trucking industry. 6. The employee truck drivers and owner-operators with whom the Plaintiffs contract with are all provincially regulated. The bargaining units of the Unifor-Vancouver representing some of the owner-operators with whom some of the Plaintiffs contract with are also provincially regulated. 7. The legislative jurisdiction of Parliament does not extend to regulating the labour relations of the Plaintiffs as provincially regulated entities nor may Parliament prescribe

17 -17- minimum remuneration that the Plaintiffs must pay the owner-operator with whom they directly contracted with or the provincially regulated owner-operator bargaining units represented by Unifor-Vancouver, including the MOA Load Rates and the terms set out in Operations Regulation, as amended from time to time. Orders in Council made in pursuant to the Canada Transportation Act 8. The enactment of the terms set out in the Order Authorizing Negotiations, as amended and in effect extended from time to time by Orders in Council made by the Governor General in Council pursuant to s. 47 of the Transportation Act, was ultra vires the legislative jurisdiction of Parliament insofar as they directed the Vancouver Port Authority and Fraser River Port Authority (which was later in 28 amalgamated with the North Fraser Port Authority into Port Metro Vancouver) to require the payment of the MOA Load Rates to owner-operator with whom they directly contracted with or the provincially regulated owner-operator bargaining units represented by Unifor-Vancouver as a licensing requirement. 9. From the expiry of the terms of the Order Authorizing Negotiations, as amended and in effect extended to on or about April19, 26, to the amendment of subsection 31.1(2) of the Operations Regulation on or about July 31, 27, there was no purported legislated authority nor direction to the (then) Vancouver Port Authority or Fraser River Port Authority to require the payment of the MOA Load Rates by the Plaintiffs to the owner-operators with whom they directly contracted with or the provincially regulated owner-operator bargaining units represented by U nifor-vancouver as a licensing requirement. 1. The Vancouver Port Authority and Fraser River Port Authority nevertheless required the Plaintiffs to pay the MOA Load Rates to their owner-operators in order to obtain licences to enable their owner-operators to deliver the containers to the terminal operators located at the ports within the Lower Mainland. Port Authorities Operations Regulation pursuant to the Canada Marine Act in force from July 31, 27 to Apri/2, The amendments made pursuant to subsection 62( 1) of the Marine Act to amend the Operations Regulation to include subparagraph 31.1 (2)(b )(iii) was ultra vires Parliament's legislative jurisdiction under the Constitution Act, 1987.

18 The purpose and effect of subparagraph 31.1(2)(b )(iii) of the Operations Regulation, and all amendments thereto, was to regulate local matters and specifically the regulation of private contractual terms between the Plaintiffs and the owner-operator with whom they directly contracted with or the provincially regulated owner-operator bargaining units represented by Unifor-Vancouver. 13. The pith and substance of the impugned legislation falls under the provincial powers over those matters as coming within ss. 92(1), (13) and (16) of the Constitution Act, 1867 and trenches on provincial legislative jurisdiction. 14. Subparagraph 31.1 (2)(b)(iii) of the Operations Regulation in force from July 31, 21 to April2, 214 was ultra vires and as a result the Defendant Port Metro Vancouver had no authority to impose upon the Plaintiffs the requirement to pay the owner-operators they contracted with or the provincially regulated owner-operator bargaining units represented by Unifor-Vancouver the MOA Load Rates as a condition to obtain licences to access the ports. The Defendant Port Metro Vancouver nevertheless required that condition and, in order carry on their trade and business and obtain necessary licences for the owner-operators to access the ports where the terminal operators are located, the Plaintiffs paid the MOA Load Rates. Operations Regulation (as amended) pursuant to the Canada Marine Act in force from Apri/3, 214 to present 15. The Regulations Amending the Port Authorities Operations Regulation made on April3, 214 pursuant to subsection 62( 1) of the Marine Act that replaced subparagraph 31.1 (2)(b)(iii) of the Operations Regulation and added subsection 31.1(2.1) to the Operations Regulation is ultra vires Parliament's legislative jurisdiction under the Constitution Act, The purpose and effect of subparagraph 31.1(2)(b)(iii) and subsection 31.1(2.1) of the Operations Regulation, as amended effective April3, 214, is to regulate local matters and specifically the regulation of private contractual terms between the Plaintiffs and the owneroperator with whom they directly contract with or the provincially regulated owner-operator bargaining units represented by U nifor-vancouver. 17. The pith and substance of the impugned legislation falls under the provincial powers over those matters as coming within ss. 92(1), (13) and (16) of the Constitution Act, 1867 and trenches on provincial legislative jurisdiction.

19 Subparagraph 31.1 (2)(b )(iii) and subsection 31.1 (2.1) of the Operations Regulation as amended effective April 3, 214 is ultra vires and as a result the Defendant Port Metro Vancouver has no authority to impose upon the Plaintiffs the requirement to pay the owneroperators they contract with or the provincially regulated owner-operator bargaining units represented by Unifor-Vancouver, the MOA Load Rates, as amended from time to time, as a condition to obtain licences to access the ports, or at all. The Defendant Port Metro Vancouver nevertheless requires compliance with this condition and in order carry on their trade and business and obtain necessary licences for their owner-operators to access the ports where the terminal operators are located, the Plaintiffs have paid and continue to pay the MOA Load Rates, as amended from time to time. Damages 19. The Plaintiffs, in order to carry on with their business and trade and obtain from the Defendant Port Metro Vancouver licences necessary for their owner-operators to access the ports, have at all material times complied with the Defendants' unlawful and unconstitutional requirement that the Plaintiffs pay the MOA Load Rates, as amended from time to time, to the owner-operators and the provincially regulated owner-operator bargaining units represented by Unifor-Vancouver and as a result, the PlaintitTs have suffered loss and damage and will continue to suffer loss and damage. Plaintiffs' address for service: Taylor Jordan Chafetz Hornby Street Vancouver, BC V6Z1S4 Fax number address for service (if any): NIL Place of trial: Vancouver The address of the registry is: 8 Smithe Street, Vancouver, BC Dated: April25, 214. G:,Data\11427"1 1 docs\notice ofc'laim.docx

20 -2- Rule 7-1(1) of the Supreme Court Civil Rules states: (1) Unless all parties of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period, (a) (b) prepare a list of documents in Form 22 that lists (i) all documents that are or have been in the party's possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and (ii) all other documents to which the party intends to refer at trial, and serve the list on all parties of record.

21 -21- APPENDIX Part 1: CONCISE SUMMARY OF NATURE OF CLAIM: 1. This is a constitutional challenge, based upon the division of powers under ss. 91 and 92 of the Constitution Act, 1867, to ss (2)(b)(iii) and 31.1 (2.1) of the Port Authorities Operations Regulations, to the extent that they require provincially regulated trucking companies involved in the local container trucking industry to pay minimum load (or haulage) rates to their owneroperators. The constitutional challenge is also brought on the same basis to earlier federal legislative Orders made pursuant to s. 47 of the Canada Transportation Act to the extent that those Orders imposed the same requirement upon provincially regulated trucking companies. Part 2: THIS CLAIM ARISES FROM THE FOLLOWING: A personal injury arising out of: a motor vehicle accident medical malpractice another cause A dispute concerning: Part3: I I contaminated sites construction defects real property (real estate) personal property the provision of goods or services or other general commercial matters investment losses the lending of money an employment relationship a will or other issues concerning the probate of an estate a matter not listed here a class action maritime law aboriginal law constitutional law conflict of laws none of the above do not know Part 4: Canada Marine Act, S.C. 1998, c. 1; Canada Transportation Act, S.C. 1996, c. 1 Constitution Act, 1867 (UK.), 3 & 31 Viet., c. 3, reprinted in R.S.C App. II, No. 5 Constitution Act, 1982, being Schedule B to the Canada Act, 1982 (U.K.), 1982, c. 11

22 -22- Court Order Interest Act; R.S.B.C. 1996, c. 79 Order Authorizing Negotiations for the Settlement of the Dispute Causing the Extraordinary Disruption of the National Transportation System in Relation to Container Movements into and out of Certain Ports in British Columbia, SOR/ Order Amending the Order Authorizing Negotiations, SOR/ Order Authorizing Certain Persons to be a Party to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and the Fraser River Port Authority, SOR/ Order Authorizing Persons Specified Therein to Be Parties to Certain Commercial Arrangements and Providing Specific Directives to the Vancouver Port Authority and Fraser River Port Authority, SOR/26-15 Port Authorities Operations Regulations, SOR/2-55 Regulations Amending the Port Authorities Operations Regulations SOR/ Regulations Amending the Port Authorities Operations Regulations, SOR/ Regulations Amending the Port Authorities Operations Regulations, SOR/214-86