Aheer Transportation Ltd. v. Office of the British Columbia
Container Trucking Commissioner, 2018 BCCA 210
People expect certainty from the law; if they abide by the law
on Monday they do not expect to be penalized for doing so on
Tuesday. While this is typically the case, an exception to this
general rule is found in a recent case involving retroactive
legislation.
In Aheer Transportation Ltd. v. Office of the British
Columbia Container Trucking Commissioner, 2018 BCCA 210, the
British Columbia Court of Appeal waded into the fractious world of
container trucking; the moving of goods over short distances, also
known as drayage.
The industry had been experiencing multiple labour disruptions
including most recently in February 2014 when truckers went on
strike. As a result of the 2014 strike, and after a series of
negotiations between various stakeholders, a Joint Action Plan was
created which effectively ended the labour dispute and was designed
to discourage