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Mandatory Survey for Manufacturers, Importers and Users of PFAS
Monday, September 23, 2024Rui FernandesLitigationTransportation & Logistics, PFAS
On July 27, 2024, both the Minister for Environment and Climate Change and the Minister for Health of Canada issued a joint notice mandating that companies report information on the manufacture, import, and use of 312 types of Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”) by Jan. 29, 2025...
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Purchasing a Private Vessel: What You Should Know
Monday, September 16, 2024Rui FernandesLitigationPrivate Vessel, Transportation & Logistics, Finance
The purchase of a private vessel can be a major commitment that requires careful consideration. Before entering into any purchase transaction, many aspects of vessel ownership and operation must be considered...
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Transportation Broker Liability in the U.S.A. – Avoiding Nuclear Verdicts
Monday, August 26, 2024Rui FernandesLitigationTransportation & Logistics, Trucking, Nuclear Verdict
Canadian trucking companies and Canadian transportation brokers are always at risk for nuclear verdicts[1] for their operations when they go into...
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Federal Court of Appeal Upholds Canadian Transportation Agency Decision to Allow CN to Construct Railway Line in the Town of Milton - Halton (Regional Municipality) v. Canada (Transportation Agency), 2024 FCA 122 (CanLII)
Friday, August 23, 2024Rui FernandesLitigationTransportation & Logistics, Transport Canada
he Canadian National Railway Company applied to the Canadian Transportation Agency under subsection 98(2) of the Canada Transportation Act, S.C. 1996, c. 10, for the...
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Letters of Credit and Fraud Exception
Thursday, May 23, 2024Rui FernandesLitigationTransportation & Logistics, Letter of Credit, Fraud
A bank issuing a letter of credit has a near absolute duty to honour a demand for payment under the letter. Notwithstanding, one...
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CARM: The Digital Initiative for Importing Goods into Canada
Wednesday, January 31, 2024Rui FernandesLitigationMaritime Law, Transportation & Logistics, Canada Border Services Agency, CBSA Assessment and Revenue Management
The Canada Border Services Agency (“CBSA”) is changing how it assesses and collects duties and taxes on commercial goods imported into...
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Federal Court of Appeal Permits a Novel Climate Change Action Against the Government of Canada to Proceed (La Rose v. Canada)
Wednesday, January 3, 2024Rui FernandesLitigationTransportation & Logistics, Paris Agreement, Greenhouse Gas, Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, Canadian Net-Zero Emissions Accountability Act, Liability for Climate-Related Harms Act, 2023
In La Rose v. Canada, 2023 FCA 241 (CanLII), the Federal Court of Appeal reversed two decisions of the Federal Court that had struck out climate change claims against the...
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Owner’s risk expanded by Supreme Court of Canada
Monday, December 4, 2023Rui FernandesLitigationOccupational Health and Safety Act, Sudbury, Employer Obligations, Employee, Employer, Contractor
In a decision that may impact all industries, the Supreme Court of Canada recently expanded a project owner’s risk with respect to...
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Bill C-47 Increases Limits of Liability for Marine Accidents
Wednesday, September 6, 2023Rui FernandesCorporate Law, Business LawTransportation & Logistics, Bill C-47, Marine
On June 22nd, 2023 Bill C-47 received Royal Assent. The legislation entitled “An Act to implement certain provisions of the budget tabled in...
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Forced or Compulsory Labour Laws in Canada
Wednesday, September 6, 2023Rui FernandesBusiness Law, Corporate LawTransportation & Logistics, Bill S-211, Canada-United States of America – Mexico Agreement (“Cusma”) , Forced Labour and Child Labour in Supply Chains
On May 11th, 2023 Bill S-211 An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the...
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