Author Archives: Gavin Magrath
AMPs Penalties? Call your lawyer!
Administrative Monetary Penalties (AMPs) feature prominently in the enforcement of Customs Act regulations. One feature of the AMPs scheme is progressive penalties; a first offence almost always receives a small penalty, while a third or fourth offence even if minor … Continue reading
Unions Serve Canadian Pacific with Strike Notice
18 April 2o18 – Two unions representing Canadian Pacific Railway workers – the International Brotherhood of Electrical Workers and Teamsters Canada Rail Conference – served the railway with a 72-hour strike notice today, meaning workers will go on strike starting 21 April if … Continue reading
Global Affairs Canada creates Ombudsperson for Responsible Enterprise
On 17 January 2018 the Honourable François-Philippe Champagne, Minister of International Trade, announced the creation of the Canadian Ombudsperson for Responsible Enterprise (CORE). The office will be within Global Affairs Canada and is mandated to investigate allegations of human rights abuses linked to Canadian … Continue reading
Limitation period for Excessive Force Claim runs from dismissal of Charges
On 7 December 2017 the Ontario Court of Appeal handed down a decision in the matter of Winmill v. Woodstock (Police Services Board) that appears to extend the time period in which an alleged victim of police misconduct can bring a claim … Continue reading
Lawyers’ Rights Watch Canada at SCC for TWU vs LSUC
On 30 November and 1 December LRWC attended at the Supreme Court of Canada (SCC) to intervene in the twin appeals of Trinity Western University (TWU) and the Law Societies of BC and Ontario over their refusal to accredit TWU’s proposed law school. … Continue reading
Gavin Magrath quoted re Churchill MB and Omnitrax
Gavin Magrath has recently been quoted several times in articles discussing the ongoing commercial disputes between Omnitrax LLC, owner of the Hudson’s Bay Rail line to Churchill, MB, and the Federal Government as well as at least to consortia of … Continue reading
Service Outside Hague Convention
This appeal considered the validity of service of a Statement of Claim in accordance with The Hague Convention on defendants located in a state that is not a party to that Convention. The Court confirmed that in such states service in accordance with the Ontario rules is sufficient, and that service under our rules does not conflict with the domestic sovereignty of the state in which the defendants are resident. Continue reading
Canadian Government suspends implementation of Anti-Spam Provisions
The Government of Canada announced earlier this month that the implementation of provisions granting a private right of action to individuals would not come into force this July 1st as originally scheduled. Canada’s Anti-Spam Legislation (CASL) was an initiative of … Continue reading
CBSA Delays e-Manifest Implementation
The Canada Border Services Agency (CBSA) published Customs Notice 17-15 yesterday, which delays the mandatory implementation date for the e-Manifest program indefinitely. This expected announcement replaces Notice 16-23, under which e-Manifest would have been mandatory for all filings beginning 1 … Continue reading
All Three Rail Workers Acquitted in Lac Megantic Trial
In the early morning hours of 6 July 2013 a train parked outside Lac Megantic QC and laden with crude oil began rolling towards the town and derailed in a massive conflagration that claimed 47 lives and devastated the small … Continue reading →