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Tag Archives: Admiralty Law

‘Never E Nuff’ Issues in Cross-Border Mortgage Enforcement

Facts: The plaintiff, a US bank, had lent an American individual (McMahon) USD$146,390 for the purchase of the  “Never E Nuff” , a 38-foot pleasure craft, and had registered the mortgage with the US Coast Guard in 2007. In 2008 … Continue reading

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July 1st SOLAS implementation – practical or patchwork?

Following the loss of the MSC Napoli, the International Maritime Organization (IMO) – of which 171 nations are Members – approved changes to the Safety of Life at Sea Convention (SOLAS) which will require, as of 1 July 2016, that … Continue reading

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Forwarderlaw.com April e-news Now Available

The April e-news from Forwarderlaw.com is now available. Forwarderlaw is the comprehensive free online resource for legal information for the international freight forwarding and global logistics industry, maintained by a network of transport lawyers from over 25 countries. Gavin Magrath, … 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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Leave to Appeal Granted in Societe Telus case

The Supreme Court granted the request for leave to appeal the decision of the Federal Court of Appeal in the case of Societe Telus Communications v Peracomo Inc., the ‘cable-cutting’ case.  The case arose when, on two separate occasions, the … Continue reading

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US FMC Accuses Canada of Unfairly Luring Port Traffic

The US Federal Maritime Commission (FMC) voted 3-2 on Tuesday in favour of a report on port competitiveness critical of Canadian ports. The FMC had issued a Notice of Inquiry (NOI) on 8 November 2011 seeking input from stakeholders on … Continue reading

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Freight forwarders carry the weight of security rules

Increasingly complex regulatory requirements are creating heavy burdens for Canada’s freight forwarders and are a substantial driver of industry costs, according to an article in the most recent Canadian Sailings magazine: Gavin Magrath, a Toronto lawyer specializing in freight-forwarding law … Continue reading

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WTO rejection of US Country of Origin Labelling Upheld on Appeal

The World Trade Organization (WTO) Appellate Body confirmed on 29 June 2012 that the United States Country-of-Origin Labelling (COOL) measure discriminates against Canadian livestock and is inconsistent with the WTO trade obligations of the United States. COOL is a mandatory … Continue reading

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