Author Archives: Gavin Magrath
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
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
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
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
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
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
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
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
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
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 →