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HTMLLandmark EUO Decision
Cole Scott Kissane P.A.;
Legal Alert/Article
January 12, 2016, previously published on December 15, 2015
Cole, Scott & Kissane, P.A. wishes you a Happy and Healthy Holiday Season! It would, however, seem as though the Holidays have arrived just a bit early for the defense bar, ushered in by the first-ever, comprehensive decision on the viability of the Examination Under Oath No-Show Defense post...

 

HTMLWest Kelowna (District) v Newcomb, 2015 BCCA 5
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
The plaintiff/appellant, the District of West Kelowna (the "District"), had established a bylaw permitting "temporary boat moorage accessory to the use of the immediately abutting upland parcel" in the "Recreational Water Use Zone" (the "Bylaw"). The District...

 

HTMLC.H. Robinson Worldwide v Northbridge Insurance, 2015 ONSC 232
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
This case involved a claim made by a judgment creditor against a carrier's insurer following the loss of a shipment. The applicant, C.H. Robinson Worldwide Inc. ("Robinson"), had contracted with a motor carrier, KLM, to transport a shipment of food products. Pursuant to the contract...

 

HTMLFlorida Senator Jeff Brandes Files Personal Injury Protection Repeal (SB 1112)
Colodny Fass P.A.;
Legal Alert/Article
January 12, 2016, previously published on December 14, 2015
Following months of speculation that a proposal would surface to eliminate Florida's Motor Vehicle No-Fault (Personal Injury Protection) statute, State Senator Jeff Brandes filed SB 1112 on December 11, 2015, which would provide for the law's repeal in 2019.

 

HTMLAllChem Industries Industrial v CMA CGM Florida (Vessel), 2015 FC 558
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
The plaintiffs were the owners and persons interested in cargo on board the vessel "CMA CGM Florida" (the "Florida"). The Florida was involved in a collision at sea and the plaintiffs commenced a proceeding against the freight forwarders and common carriers that had been used to...

 

HTMLPennsylvania House Passes Appraiser Act
Sutherland Asbill Brennan LLP;
Legal Alert/Article
January 12, 2016, previously published on January 11, 2016
The Pennsylvania House of Representatives has passed House Bill 1638, which amends a 1972 law removing a requirement that insurance appraisers be present for all auto inspections. The bill specifies that customers will still possess the right to choose how they want their vehicles inspected, paving...

 

HTMLATL Trucking Ltd. v Vancouver Fraser Port Authority, 2015 FC 420 ("ATL") and Goodrich Transport Ltd. v Vancouver Fraser Port Authority, 2015 FC 520 ("Goodrich")
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
Goodrich, and the interlocutory decision in ATL, arose from a decision by the Vancouver Fraser Port Authority, also known as Port Metro Vancouver ("PMV"). PMV is a Canadian port authority established and governed by the provisions of the Canada Marine Act, SC 1998, c 10 and Letters Patent...

 

HTMLLF Centennial Pte. Ltd. v TRLU7228664 et al (Containers), 2015 FC 214
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
The plaintiff, LF Centennial PTE Ltd. ("Centennial"), was a Singaporean company that had acted as the buying agent for Mexx Canada Company ("Mexx"). On December 3, 2014, Mexx filed a Notice of Intention to Make a Proposal ("NOI") with the Official Receiver and...

 

HTMLTalley’s Insurance Tip of the Month
Talley H-S Kovacs; Pessin Katz Law, P.A.;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
Talley’s tip: If so, take a second or third look at your contracts to make sure that you are getting the appropriate level of indemnity from your business partners for liability that might arise out of your joint endeavors.

 

HTMLInternational Code for Ships Operating In Polar Waters (The "Polar Code")
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
The IMO's Marine Environment Protection Committee (the "MEPC") adopted the environmental requirements of the Polar Code in May 2015. The MEPC also adopted amendments to the International Convention for the Prevention of Pollution from Ships ("MARPOL"), to which Canada is a...

 


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