11111

Tag Archives: success

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

Posted in Case Commentaries, Magrath's News, Maritime + Transport Law | Tagged , , , , , | Leave a comment

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

Posted in Case Commentaries, Magrath's News, Maritime + Transport Law | Tagged , , , , , , | Leave a comment

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

Posted in Case Commentaries, Magrath's News, Maritime + Transport Law | Tagged , , , , , , | Leave a comment

When Indemnities Go Wrong

A client recently had a big problem with a little form. A consignee had sought delivery of goods against a bond of indemnity in the forwarder’s standard form. There were only two problems: the form was poorly drafted and improperly … Continue reading

Posted in Magrath's News, Maritime + Transport Law | Tagged , , , , , , , | Leave a comment

The Best Offence…

More than 95% of cases settle; while a contested trial makes for good television, early and favourable settlements make for the best client outcomes. Continue reading

Posted in Commercial Litigation, Magrath's News | Tagged , , , , , , , , | Comments Off on The Best Offence…

Forwarder wins Summary Judgment based on CIFFA STCs

In reasons dated 7 March 2008, Justice Hugessen of the Federal Court of Canada rendered judgment in favour of the plaintiff forwarder Locher Evers International (LEI). The principal claim was for approximately $215,000 in outstanding charges arising out of more … Continue reading

Posted in Case Commentaries, Magrath's News, Maritime + Transport Law | Tagged , , , , , , , , | Leave a comment

Big Recovery for Small Importer

The New Year saw the conclusion of a cargo dispute between a small Canadian importer and one of the major lines. For the importer, it was their first shipment – a test case that went very wrong. The container in … Continue reading

Posted in Case Commentaries, Magrath's News, Maritime + Transport Law | Tagged , , , , , , , | Leave a comment