Category Archives: Case Commentaries
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
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
The Importance of Costs: BitTorrent and The Cobbler
Readers who have a shared server with users of BitTorrent, or who use it themselves, may have received threatening emails forwarded by their ISP alleging Intellectual Property (IP) infringement through the downloading of movies, music, and the like. These are … Continue reading
Can Maritime Lien be Extended by Contract?
Ref: In re: World Imports Ltd. et al. 15-1498 (3d Cir. April 20, 2016) In this recent decision of the US Court of Appeals for the Third Circuit, the NVOC claimed a contractual lien over goods in transit for all debts … Continue reading
Gavin Magrath leads LRWC Intervention in Trinity Western University v LSUC
The Ontario Court of Appeal released its decision today on 15 motions to intervene as an amicus curiae in the case of Trinity Western University and Brayden Volkenant v. The Law Society of Upper Canada. Gavin Magrath represented Lawyers’ Rights Watch Canada … Continue reading
Supreme Court Dismisses CN Fuel Surcharge Appeal
The Supreme Court of Canada today dismissed Canadian National Railway‘s (CN) appeal (2014 SCC 40) from the decision of the Federal Court of Appeal in Canadian National Railway v Canadian Transportation Agency (2010 FCA 65), which I reported on back in December 2012. … Continue reading
Is a Forwarder the “Merchant” or “Holder” of a Bill of Lading?
A recent decision of the Federal Court of Canada, DHL Global Forwarding vs. CMA-CGM SA, 2013 FC 534, considered the broad definition of the word “Merchant” under the carrier’s bill of lading, as well as the application of the Bill … Continue reading
Federal Court of Appeal extends application of Hague-Visby Rules in Canada
“It was dark at Brigade Bay. It was cold. The tide was dropping.” This is how the Federal Court set the stage for the facts and judgment in Wells Fargo Equipment Finance Company and C&C Machine Movers And Warehousing Inc. … Continue reading
The Perils of Rail Tariffs – Peace River Coal v CN
Facts: Peace River Coal (PRC) and Canadian National Railway (CNR) entered into a confidential contract (sometimes called a “confidential service agreement” or “CSA”) for transportation of coal by rail during the period from January 2008 through June 2010. The rates were subject to … 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 →