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Author Archives: Gavin Magrath

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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Transport Canada invites comments on Marine Insurance Fee

Transport Canada (TC) has invited public comment on their proposal to introduce a fee of $98 for the issuance of a marine insurance certificate. TC issues certificates to shipowners confirming they have provided proof of insurance adequate under the Conventions on … Continue reading

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Blockchain Comes to Town

Last week CargoX launched its CargoX Smart B/L™ blockchain product to the international transportation industry, marking the first practical commercial application of the technology in the industry. Blockchain is the name for a group of technologies which permit the tracking … Continue reading

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Forwarders Face Increased Risk from Switch Bills

Several organizations, including WCA and iContainers, have warned forwarders about the increased risks associated with issuing “switch” bills of lading. Switch bills are obtained from the carrier on request of the shipper holding the original bills of lading, replacing the … Continue reading

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