Elk Valley Coal Partnership v. Westshore Terminals Ltd., 2008 BCCA 154 (CanLII)
On April 15, 2008, the Court of Appeal for British Columbia released its decision concerning the appeal by Elk Valley Coal Partnership of the arbitrator's decision covering the contract for coal shipped from the Elkview Mine. The court ruled that no appeal lies from the July 2006 decision in favour of Westshore Terminals.
The arbitration concerned a request by Elkview Coal that the arbitrator limit Westshore Terminals' handling charges for the last 5 years of a 10 year agreement. The arbitrator held that the parties intended the charges to vary with the price of coal and that the very high coal prices favoured both parties and that there was no basis to support placing a cap on Westshore's participation in the rise in world coal prices.
Fasken Martineau represented Westshore in this case with a team that included, among others, Geoff Cowper, Kevin O'Callaghan and David Curtis.