Tag Archives: Magrath O’Connor LLP

Forwarder Recovers on Bankrupt’s counterclaim

When a judgment debtor declares bankruptcy, the judgment creditor takes their place in line with unsecured creditors behind the banks and other secured interests, and that is usually the point at which we begin comparing the relative values of judgments … Continue reading

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Sarah O’Connor elected as Vice President of BNI Bay St.

Sarah O’Connor was elected to the position of Vice President at the Bay St Chapter of BNI.  The VP tracks attendance, referrals, average value of the referral and heads the Membership Committee. Business Network International (BNI) was founded in 1985 … Continue reading

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Exporter Recovers Beyond COGSA Limit

We were recently able to resolve a case for a client exporter whose goods suffered damage ex Los Angeles to Russia. The cargo had been purchased from Canada in the US, moved to LA, and carriage arranged on port House … Continue reading

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Gavin Magrath discusses SCC decision in Consolidated Fastfrate

Much of the Canadian transportation industry is abuzz with talk of the recent Supreme Court decision in Teamsters v Fastfrate – and not surprisingly, commentators looked to Gavin Magrath for an expert opinion. Gavin’s opinions on the case – the … Continue reading

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Revised CIFFA Trading Conditions for 2010 Approved

The CIFFA National Board of Directors approved today the proposed changes to the CIFFA Standard Trading Conditions for 2010. Gavin Magrath, counsel to CIFFA, drafted the updates and presented them to the Board. The final draft will now go to … Continue reading

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Common Courtesy – in the Client’s Interests!

We recently attended on an unnecessary motion in respect of documentary production. Of course, any  attendance drives up costs and is contrary to the client interests if another resolution is available; where a motion is brought or heard unnecessarily, however, … Continue reading

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Montreal Convention 1999 – increase in limitation on liability

As most readers will know, the 17SDR/kg limitation on damages provided under Art.22(3) of the Montreal Convention 1999 (MC99) will be increased at the end of calendar 2009 to 19 SDR/kg. The SDR is a notional currency based on the … Continue reading

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Freight Forwarders are “Local Undertakings” – Supreme Court of Canada

On 26 November the Supreme Court handed down its judgment in the case of Consolidated Fastfrate v Teamsters. Fastfrate offered local distribution services in a number of Canadian cities, but where freight moved between these cities the interprovincial haulage was … Continue reading

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DHS Pushes Back 100% Screening

Industry sources are saying that the US Department of Homeland Security will extend a blanket two-year extension on rules intended to provide for 100% screening of containers destined for the U.S. by 2012. Agence France-Presse reported yesterday that U.S. Homeland … Continue reading

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Summary Judgment for American Forwarder in Ontario Court

On 20 November 2009, Justice Pitt of the Ontario Superior Court handed down a summary judgment in favour of New Jersey based forwarder and NVOCC (and Magrath O’Connor client) American Transport Logistics against a Toronto-based shipper, Kobi Group. The case … Continue reading

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