Transportation

Our work in this area includes carriage agreements, licence requirements, regulatory matters, mergers and acquisitions, facility financing including P3 and public debt, contract drafting and negotiation, final offer arbitrations, level of service cases, rates, confidential contracts, facility relocations and safety – as well as all manner of appearances before the various administrative or regulatory tribunals exercising jurisdiction in this field. Our team has extensive experience appearing before the Canadian Transportation Agency and the Transportation Appeal Tribunal of Canada on related appeals.

Rail

• Represented rail carriers in final offer arbitrations and service level arbitrations conducted pursuant to the Canada Transportation Act
• Represented rail carriers responding to all manner of applications and complaints filed by shippers with the Canadian Transportation Agency, including:
  • Allegations the carrier was not fulfilling its statutory level of service obligations
  • Allegations the carrier’s demurrage charges and charges for other incidental services were unreasonable
  • Allegations the carrier was in breach of its obligations pertaining to noise and vibration
  • Applications for interswitching orders
• Represented rail carriers in both review hearings and appeal hearings before the Transportation Appeal Tribunal of Canada for alleged violations of the Railway Safety Act resulting in administrative monetary penalties
• Represented rail carriers in litigation by shippers seeking damages for the carrier’s breach of its statutory level of service obligations
• Represented rail carriers in commercial arbitrations seeking payment from shippers for unpaid demurrage charges and other incidental service charges
• Provided advice to both provincially- and federally-regulated rail carriers and shareholders of rail carriers in connection with licensing and regulatory approvals required for mergers and acquisitions involving those carriers
• Represented rail carriers on sale of shortline railway

Air

•  One of lead counsel in establishing international cargo airline including preparation of all filings and obtaining licensing on a contested basis from the Canadian Transportation Agency
• Litigation of air accident claims and representing the interests of airlines
• Provided advice on federal air legislation and its impact on air carriers
• Provided advice relating to operation, structuring and development of airport authorities and their projects
• Establish capital markets platform and ongoing public debt issuances for airport authority
• Represented airport authority in P3 infrastructure project
• Assisted on aircraft acquisitions, dispositions, charter contracts and leasing contracts

Truck

• Represented shippers, carriers and brokers in drafting and negotiating shipper/carrier and shipper/broker related contract including intermodal and multimodal
• Represented carriers and drivers with contracts to avoid “Drivers Inc.” related liabilities
• Represented purchasers and sellers in many merger and acquisition transactions
• Prepared specific use bills of lading for carriers and shippers; obtained regulatory approvals for special use bills of lading
• Obtained all requisite licensing for motor transport operations on behalf of trucking companies including registration in required jurisdictions throughout Canada
• Extensive experience in litigation of bill of lading issues
• Litigation of cargo claims and carrier/shipper disputes
• Assisted on independent contractor issues, contracts of carriage and leasing of tractors