Category Archives: Case Commentaries

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

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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

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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

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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

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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

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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

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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

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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

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Supreme Court Protects ‘Net Speech

The Supreme Court of Canada recently released its decision in Crooks v Newton, 2011 SCC 47. The majority’s decision (2 judges substantially agreeing and only 1 dissenting) protects free speech on the internet by dismissing the appeal of a plaintiff … Continue reading

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Delivery under “Straight Bill of Lading”: Cami Automotive v Westwood Shipping

As Canadian counsel, we are frequently asked to discuss differences between Canadian and American law. Of course, the most significant and obvious distinctions is Canada’s lack of a central regulatory authority (like the FMC in the US). There are, however, … Continue reading

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