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Author Archives: Gavin Magrath

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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Time-Bar incorporated through CIFFA STCs results in Summary Judgment

A recent decision of the Federal Court of Canada provides an important analysis and application of contractual time bars, as well as particular discussion in respect of the application of the CIFFA STCs. It provides precedent of interest to all … Continue reading

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Canada Passes BC Tanker Moratorium

On June 18th the Senate of Canada passed Bill C-48, “An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast”, also knows as … Continue reading

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ILWU begins limited work action at Vancouver Ports

Limited work actions by the International Longshore and Warehouse Union (ILWU) are planned to begin today at Deltaport and Vanterm, potentially affecting Canada’s main west coast transportation hub. The negotiations have been ongoing since March 2019, and involve approximately 6000 workers … Continue reading

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Yantian Express Finally Calls at Halifax

As Stan Rogers might have said, it’s been six long months since she sailed away, but she just made Halifax yesterday. Hapag-Lloyd’s Yantian Express sailed from Columbo, Sri Lanka, in December 2018, but in January the ship was struck by … Continue reading

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Canada – US reach agreement on Steel + Aluminum Tariffs

Canada and the USA have reached an agreement that will bring an end to a nearly year-long trade war between the two countries, according to multiple sources. In March 2018, citing national security concerns, the Trump administration imposed tariffs of … Continue reading

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FIATA Publishes Best Practices on Quality of Containers

In April 2019 the FIATA Working Group Sea Transport published a guide outlining problems and best practices in “Container Shipping and Quality of Containers“.  This follows on their guide for best practices in respect of  demurrage and detention on containers, published last year.  Containers … Continue reading

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