Transportation

The transportation sector is dynamic, complex and constantly evolving.

Transportation industry participants often face significant regulatory, liability, health and safety, specialty coverage, and myriad other corporate and commercial and dispute-related considerations. Our transportation practice services all modes of the transportation sector (road, rail, water and air), and extends to both public entities and private corporations. We advise our transportation clients on all manner of legal matters and issues, ranging from the boardroom and c-suite level, all the way down to the roads, rails and runways, and everything in between.

Our clients include the leading railway companies in North America; major national and international shipping, transportation, and logistics companies; national and international airlines and aviation companies (both commercial and passenger carriers); pipelines, port and terminal operators; and intermodal and multimodal carriers. Our clients turn to us for both local and international issues.

The liability claims arm of our practice advises on all aspects of hull, cargo, passenger, equipment and property claims related to marine, trucking, aviation and rail.  We give advice regarding collision and other perils, cargo claims, ports and terminal initiatives and project contracts.

The litigation arm of our practice deals with litigation, regulatory, arbitration and class action matters.  We also advise on matters concerning licensing, regulatory compliance, and insurance claims. In addition, we tap our firm-wide broader experience in commercial law, taxation, environmental, labour and employment and real estate.

Our practice also includes advising our clients in respect of transportation infrastructure projects – see Infrastructure Procurement & Finance.

We have handled a broad array of matters, including:

• Transportation documentation, including bills of lading, transportation contracts, invoices, owner-operator leases, and agreements between air carriers and airports;
• Aircraft, airport and infrastructure financing;
• Aerospace and aviation regulatory compliance;
• Montreal Convention Claims;
• All types of commercial and passenger vehicle mishaps, including catastrophic aviation accidents, train derailments, crossing collisions, aviation and maritime collisions, and environmental spills;
• Personal injury and wrongful death, including rail and road pedestrian claims;
• Insurance coverage analysis, claims processing, negotiations and litigation, including marine and inland marine cargo defence and subrogation; and
• All manner of claims involving freight loss and damage; product liability and salvage; carriage of goods; ship repair and construction disputes.

We have also acted on constitutional and regulatory issues related to railways, airports and pipelines, notably in relation to the federal-provincial division of powers, as well as in relation to expropriation matters, tort claims and proposed class proceedings related to the building of transit infrastructure. We also acted for flight attendants in a seniority dispute related to the merger of two airlines. In addition, we have acted for clients including terminal facilities and a harbour authority on property assessment and taxation matter.