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Author Archives: Gavin Magrath

FIATA warns against Carrier LOUs

According to FIATA, freight forwarders have been reporting attempts by carriers to extend forwarder and NVOC liability for charges through demands for execution by the forwarder of a Letter of Understanding (LOU) in order to make bookings.  The language of these LoUs clearly … Continue reading

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No Contract, No Demurrage!

The Ontario Court of Appeal recently considered whether a rail carrier is entitled to charge a shipper demurrage pursuant to its tariff in the absence of any contract for carriage or services between the carrier and the shipper. Facts: P&H, … Continue reading

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Pandemic inspires Rules Changes in Ontario

The Government of Ontario has announced changes to The Rules of Civil Procedure, which will take effect 1 January 2021. The main purpose of the changes, passed as O. Reg 689/20, is to provide for electronic alternatives to existing paper-based … Continue reading

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Geneva Consensus Declaration is only one of those three things

Following a virtual gathering based in Washington D.C. on 22 October 2020, the governments of the United States, Brazil, Egypt, Hungary, Indonesia, and Uganda announced the signing of the Geneva Consensus Declaration. While certainly a declaration there is no connection with … Continue reading

Posted in International Human Rights Law | Comments Off on Geneva Consensus Declaration is only one of those three things

Container Shipping Returns to Great Lakes

On 20 October 2020 the containership Claude A Desgagnés departed Montreal en route to Toronto, according to reports by the Port of Montreal and others. The voyage, a collaboration between MSC and Groupe Desgagnés, is the first such container cabotage route on the Lakes since … Continue reading

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Contractual Choice of Law in Quickie Convenience

The Ontario Court of Appeal recently addressed an interprovincial commercial dispute in which contractual choices of law and forum played a central role, overturning the decision of the Superior Court and granting the appellant relief. Ref: Quickie Convenience Stores Corp. … Continue reading

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Ontario Limitations Resumed September 14th

The Emergency Order dated 20 March 2020, suspending the running of most provincial limitation and procedural time periods  was revoked on September 14, 2020.  All parties to litigation in Ontario should be aware that time is once again counting on all timetables, orders, … Continue reading

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Federal Court Time begins to run July 14th

Following the March 17th practice direction, suspending all time periods under the Rules and Court ordered timetables due to the COVID-19 Pandemic, the Chief Justice has confirmed that time will begin count against all limitations and timetables beginning 14 July … Continue reading

Posted in Maritime + Transport Law | Comments Off on Federal Court Time begins to run July 14th

US FMC issues Interpretive Rule on Carrier Billing Practices

The US Federal Maritime Commission‘s Interpretive Rule on Carrier Billing Practices (85 FR 29638, 46 CFR 545, Docket No. 19-05) came into force today.  The purpose of the rule is to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with … Continue reading

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COVID-19 UPDATE

Please be advised that our office will be closed and all staff on reduced hours until further notice. Ontario Courts Partial Shutdown: The Ontario Superior Court and Provincial Courts are shutting down for all non-custodial matters. If you have a … Continue reading

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