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Author Archives: Gavin Magrath

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Emergency Order dated 20 March 2020, suspending the running of most provincial limitation and procedural time periods  was revoked on September 14, 2020.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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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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The Pith and Substance of Marine Engine Supply

A recent Supreme Court of Canada decision in respect of a claim by a shipping company against a supplier of marine engine parts turned on the question of whether or not Canadian Maritime Law or Quebec civil law should govern … Continue reading

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Montreal Convention Limits Increase for 2020

Most international carriage of goods and passengers by air falls within the ambit of the the Convention for the Unification of Certain Rules for International Carriage by Air, also known as the Montreal Convention 1999 (MC99). The MC99 sets out, inter … Continue reading

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CN announces tentative labour deal

CN Rail announced today that “a tentative agreement has been reached with our  3,200 CN conductors and yard crews working on CN’s mainline and yards in Canada for a new collective agreement.” While the ratification process may take as long … Continue reading

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Special Update: CN Labour Dispute

As of noon Tuesday, November 19th, CN has provided the following update on labour negotiations:  The Federal mediator is still involved in negotiations between the railway and the union and both will continue to negotiate today. In the meantime CN … Continue reading

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FIATA publishes Prevention of Bribery guidelines

The Advisory Body – Legal Matters (ABLM) of FIATA has recently published a set of guidelines on the prevention of fraud and bribery in freight forwarding. According to the World Banks Logistics Performance Index (LPI), freight forwarding suffers from a lack … Continue reading

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Applicability of Hague-Visby limitations to undeclared on deck cargo

In this claim for loss of cargo en route from Canada to Europe, the defendant forwarder Traffic-Tech International brought a motion for preliminary determination of the question of applicability of the Hague-Visby Rules and their damage limitation provisions. Facts: The … Continue reading

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Arbitration Clause unenforceable: Heller vs Uber

Ref: Heller v. Uber Technologies Inc., 2019 ONCA 1 In one of its first decisions of this year, the Ontario Court of Appeal grappled with the enforceability of a arbitration clause in the contract of adhesion formed between Uber drivers … Continue reading

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Forum of Necessity Exception

Ref: Mohammad v. Tarraf et al, 2019 ONSC 1701, Gray J. When bringing a claim against a foreign party or based on foreign facts or wrongs, a Court will generally engage in a two-step analysis: Jurisdiction Simplicitur: the Court first … Continue reading

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