for the record
BUSINESSVANCOUVER February 16–22, 2016
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trouble Lawsuit of the week Companies claim government wrongfully turning back time on minimum rates for port truckers A group of trucking companies is taking the British Columbia container trucking commissioner and the B.C. government to court, claiming they were shut out of discussions that resulted in new minimum rates being retroactively applied for port trucking services as part of a review designed to quell the labour disruption at the ports in early 2014. The group’s January 29 BC Supreme Court petition names the B.C. container trucking commissioner and the attorney general of British Columbia as respondents. The petitioners include Aheer Transportation Ltd., Bestlink Transport Services Inc., Burton Delivery Service Ltd., Gantry Trucking Ltd., Gur-Ish Trucking Ltd., Indian River Transport Ltd., Roadstar Transport Co. Ltd., Sunlover Holding Co. Ltd., Triangle Transportation Ltd. and TSD Holding Inc. The companies claim that the Container Trucking Act and other regulations don’t authorize the establishment of minimum rates that apply to trucking services provided before the act came into force. The spat began when both unionized and non-unionized truckers withdrew services to the ports in February 2014. In response, the federal transport minister appointed Corinn Bell and Vince Ready to “conduct an independent review aimed at resolving issues that have contributed to disruption of trucking operations at the ports,” the petition states. “However, the federal and provincial governments instead engaged in closed-door discussions with Port Metro Vancouver, Unifor and the United Truckers Association about resolving the cessation of container trucking services. ... The petitioners were not part of those discussions and, in fact, were not invited to participate in those discussions. No trucking companies were invited or part of the discussions.” The talks resulted in a “Joint Action Plan” to return truckers to work, announced in late March 2014, and anticipated several changes to trucking regulations and minimum rates paid to operators. An “industry memo” in December 2014 notified companies “that all retroactive pay owing to drivers must be fully paid by January 22, 2016, and that the imposition of penalties ... will be highly likely for any licensee found in non-compliance.” Two audits of petitioner Aheer Transportation found that the company owed more than $200,000 to independent operators who worked for Aheer between April 2014 and January 2015, “including amounts arising from container trucking services provided before the act and regulation came into force,” the petition states. “As the contracts between the petitioners and their customers in respect of this period were agreed, performed and completed before the regulation came into force, the petitioners have no ability to recover from their customers the additional costs they are now being required to bear ... while the truckers who were engaged to provide the services under those contracts will receive a windfall over and above the rates that they voluntarily agreed to provide their services for at the time,” the petition states. The trucking companies seek declarations that the Container Trucking Act doesn’t authorize retroactive application of minimum rates for services provided before the act was implemented, and that certain sections of the Container Trucking Regulation are void. The petition has not been tested or proven in court and the respondents hadn’t filed a response by press time.
BUYER’S ALERT Companies listed below, which are not accredited by the Better Business Bureau, have failed to respond, as of February 5, to Better Business Bureau of Mainland BC’s efforts to mediate complaints from January 24 to January 30. In some instances, the company may have taken care of the complaint and considered the matter closed, or may believe the complaint is unjustified; however, if the BBB has not received a response, records cannot reveal either position. Please note that BBB accredited businesses must respond to customer complaints that are brought to their attention. The companies listed are not members of this Better Business Bureau. Source: BBB.
Auto Ads Canada (HO), Langley CanadianCarpet and Tile – Coquitlam Inc., Coquitlam Elizabeth Anne Shoes Inc., Delta Father & Sons Demolition, Vancouver Hayer Homes Ltd., Prince George Jhat Pat Foreign Exchange Ltd., Surrey Knight Heating & Gas, Maple Ridge Marquis Salon & Day Spa, North Vancouver Plentyoffish Media Inc., Vancouver The Friendly Furniture Fellows, Surrey Tri-M Plumbing Drainage Inc., New Westminster The following company has responded to the BBB subsequent to being published: Advanced Nutrients Ltd., Abbotsford
WHO’S GETTING SUED These corporate claims were filed with the BC Supreme Court registry in Vancouver. Information is derived from notices of civil claim. Civil claims have yet to be tested or proven in court. Defendants Hillman Yacht Sales Ltd. and Simply Mobile Ltd. and Ronald L. Hillman Plaintiff GE Commercial Distribution Finance Canada Claim $2,441,498 for debt.
Plaintiff Mega International Commercial Bank (Canada) Claim $228,530 for debt. Defendants Hon Kit Chung aka Larry Chung and Optima Joint Developments Inc. and N. Odlin Management Co. Ltd. Plaintiff Xin Yun Lai Claim $155,000 for debt.
Defendants 0847192 B.C. Ltd. o/a Modern Master Dental Ceramics and Kerr Corp. aka SDS Kerr Corp. and John Doe Manufacturer Plaintiffs Dr. Barry Evans Koehler and Dr. Raheem Badur Kherani Claim $140,000 for damages related to a fire. Defendant Hoban Equipment Ltd.
Defendant CHC Global Operations Canada (2008) ULC Plaintiff Regent Tanzania Ltd. Claim $1,263,699 for helicopter transportation and equipment services. Defendant Nicoson Investments Corp. Plaintiffs Maria Louise James and David F. Sky as executors of the will of Dominic Ciarniello, deceased, and Cinimod Enterprises Ltd. and Dr. D. Ciarniello Inc. Claim $1,204,696 for debt. Defendants Seemore Entertainment Ltd. dba Au-Bar and David Kershaw and Derek Pink Plaintiff Parkwell Parkade Corp. Claim $649,258 for breach of lease. Defendants Jamar Vac Services Ltd. and Jason March and Bernadette Bridger Plaintiff Current Financial Corp. Claim $610,924 for breach of equipment lease. Defendants Triathlon Ltd. and MacDonald Dettwiler & Associates Ltd. Plaintiff Lotus Geosolutions Private Ltd. Claim $414,404 for digital mapping services. Defendant Ecuador Gold and Copper Corp. Plaintiff GBM Minerals Engineering Consultants Ltd. Claim $387,141 for debt. Defendants Zebra Enterprises Ltd. and Nelson Kuang Y. Chang and Shao Ying Chang
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