This webinar from North America will review recent case law and consider how to draft enforceable clauses that reflect the parties intention to limit carrier liability. Speakers will discuss two recent cases in which the courts were asked to clarify the extent to which railways may limit their liability for loss of or damage to freight. In one case, the Quebec Court of Appeal ruled that a limitation of liability near zero would be equivalent to an “exclusion” of liability and thus invalid, while another case currently before the Supreme Court of Canada deals with privity of contract in respect of confidential contracts between railways and shippers. Three rail transportation law experts will discuss these cases and their broader implications for rail cargo claims.
This webinar will be presented by:
David F. Blair, Counsel, McCarthy Tétrault LLP
David Blair is leader of the Transportation and Logistics practice group at McCarthy Tétrault. Widely regarded as Canada’s foremost authority on rail and road transportation law, David uses his considerable knowledge of the multitude of federal and provincial regulations impacting the sector, to enable large public companies as well as small and medium sized firms alike to successfully navigate the regulatory landscape to achieve their objectives and meet their transportation business needs. David is known for finding original and creative solutions to clients’ regulatory, contractual, liability and compliance issues. Leading Canadian, U.S. and European companies in the rail, trucking, bus and mining sectors routinely consult with him, relying on his 30 years of wide-ranging and in-depth experience to address strategic transportation questions in all surface modes, in all jurisdictions.
Brian Lipson, Associate, McCarthy Tétrault LLP
Brian Lipson is an associate in the Transportation and Logistics group at McCarthy Tétrault. His practice focuses on mergers & acquisitions, commercial agreements, regulatory compliance, and licencing in the areas of road, rail and intermodal transportation and in warehousing and supply chain. Brian provides advice on numerous Canadian and cross-border purchase and sale agreements, reorganizations, and investments. He provides licensing advice with respect to cross-border transportation in the rail and road modes, and offers contractual solutions and advice on liability and risk exposure to warehousemen and storers, rail carriers and owners of rail rolling stock, motor carriers and brokers of freight, shippers, governments and municipalities and providers of public transportation, including in the areas of autonomous trucks and Remotely Piloted Aircraft Systems (drones).
Éric Harvey, Senior Counsel, Regulatory, CN (Webinar Moderator)