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ARTICLE · 18 APRIL 2019

Back To The Future: The Retroactive Application Of Transportation Laws

One of the features of the new Joint Action Plan was the provision for additional compensation to truckers beginning on a stated date.

CanadaTransport

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

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