Tag Archives: Toronto

CBSA Delays e-Manifest Implementation

The Canada Border Services Agency (CBSA) published Customs Notice 17-15 yesterday, which delays the mandatory implementation date for the e-Manifest program indefinitely. This expected announcement replaces Notice 16-23, under which e-Manifest would have been mandatory for all filings beginning 1 … Continue reading

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Ontario Court of Appeal applies “Strong” test for contractual jurisdiction

The Ontario Court of Appeal recently confirmed that parties who enter into contractual arrangements that include a forum selection clause must show strong cause why they should not be enforced if suit is brought in Ontario contrary to the agreement. … Continue reading

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Full Indemnity Costs for Frivolous Fraud Allegations

A June decision of Justice Turnbull was recently reported in which the Court sanctioned a plaintiff with rarely-seen “full indemnity costs” for making serious allegations of fraud and conspiracy, then dropping them on the eve of trial. The plaintiff had … Continue reading

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‘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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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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Government of Canada Tables Transportation Act Review

In June 2014 the Government of Canada commissioned a review of the Canada Transportation Act and related legislation, with the goal of looking forward 20-30 years and identifying priorities for action in the transportation sector that will support Canada’s economic … Continue reading

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SOLAS Verified Gross Mass Requirements in Legislative Limbo

Background The Safety of Life at Sea Convention (SOLAS) is a treaty of the International Maritime Organization (IMO), the United Nations agency tasked with maintaining a comprehensive framework of rules for international carriage by sea. 171 nations are members of … 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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Ontario Daily Court Lists now available On-line

The Ministry of the Attorney General for Ontario has announced that daily court lists for both the Ontario Court of Justice and the Superior Court of Justice will now be posted on-line. The lists can be narrowed by Court, location, … Continue reading

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