transportation
McMillan's Transportation Group represents shippers, carriers, owners, lessors, financiers, freight and passenger interests, shipbuilders, ports and terminals, governments, trade associations, facility operators, and insurers operating across the rail, marine and air modes of transportation. Members of the Group are experienced in working with businesses on operational, logistical, regulatory, safety and government relations issues.
In addition to providing day-to-day advice and solving challenges facing stakeholders in the transportation industry, we participate in corporate and commercial transactions of a non-recurring nature such as the acquisition, financing and disposition of transportation businesses and equipment, P3 projects, joint ventures and strategic alliances, and single and multi-party rate and service agreements.
We regularly counsel, negotiate and attend to regulatory, arbitration and litigation matters involving rates and conditions of service on and with Class I railways on behalf of bulk and break-bulk shippers, as well as the containerized goods industry. Our practice extends to the international and domestic carriage of goods, contracts of affreightment and charter party agreements, safety and regulatory compliance, environmental review and assessment, transportation of dangerous goods, and the application of the law relating to warehousing, bills of lading, detention, despatch and demurrage.
Our lawyers are regularly engaged in the regulatory, economic and financial aspects of transportation law and policy under the federal Canada Transportation Act and the Canada Marine Act , under related federal statutes such as the Competition Act , the Investment Canada Act , the Bankruptcy and Insolvency Act , the Canadian Environmental Assessment Act and related provincial statutes, the Transportation of Dangerous Goods Act and related provincial statutes, as well as under statutes relating to warehousing, handling and distribution of goods and services.
For more information, please contact:
François Tougas - Rail & Marine
604.691.7425
Glenn Grenier - Air
416.307-4005
external resources
ABA Forum Committee on Air and Space Law
ABA Transportation Subcommittee
Canadian Transportation Agency
Canadian Transportation Agency List of Arbitrators
Canada Transportation Research Forum
Transport Canada
Transportation Law Journal, Sturm College of Law (University of Denver)
Transportation Research Part E: Logistics and Transportation Review
UBC Sauder School of Business, Centre for Transportation Studies
Van Horne Institute
Representative Transactions/Cases
- Acted for Teck on its handling agreement with Westshore Terminals to extend coal shipments through Westshore to March 2021
- Acted for Teck, March 2011, on its handling agreement with Westshore Terminals to extend coal shipments through Westshore to March 31, 2016
- Teck Coal Limited, before the Cost of Capital Review, Canadian Transportation Agency (2010)
- Teck Resources Limited and affiliates, before the Federal Rail Freight Service Review, Transport Canada (2010)
- Teck Resources Limited, four year terminal services agreement with Westshore Terminals Limited (2010)
- Teck Resources Limited, ten year rail freight agreement with Canadian Pacific Railway Company (2010)
- Teck Coal Limited v. Canadian Pacific Railway Company, final offer arbitration (June 2009)
- Teck Coal Limited v. Canadian Pacific Railway Company, final offer arbitration (May 2009)
- Elk Valley Coal Corporation (before the Competition Policy Review Panel, 2008)
- Acting for marine shipping companies
- Acted for The St. Lawrence Seaway Management Corporation in the commercialization of the management and operations of the Seaway
- Acted for Transport Canada in connection with the commercialization of the Port of Oshawa
- Acting for a major Canadian shipowner on a new shipbuilding contract in China
- Acting in connection with the establishment, governance, regulation and operation of Canada port authorities, including Transport Canada's review of the Canada Marine Act and other marine policy matters
- Acting for Association of Canadian Port Authorities on corporate and marine policy matters
- Acting for major Canadian consignor in connection with transportation of dangerous goods legislation and policy
- Acting for major European yacht manufacturer on construction and importation of large yachts
- Acted for lender syndicate regarding the synthetic lease of three Airbus A310 aircraft to a Canadian charter operator (2000; 2001)
- Acted for various Canadian corporations in connection with their purchase of US-registered corporate jets and the ownership structure of such aircraft (2000-2002)
- Acted for lender syndicate regarding the structured financing of aircraft manufacturing equipment (2002) Canadian counsel to regional aircraft manufacturers in connection with various financings, operating leases, work-outs and repossessions
- Counsel to PricewaterhouseCoopers Inc., the trustee in bankruptcy of Canada 3000 Airlines Limited and Royal Aviation Inc., in connection with the bankruptcy of those airlines (2001-2002)
- Acted for finance provider in connection with the synthetic lease of a corporate jet to a Canadian company (2002) Canadian counsel for purchaser of an Airbus A320 on lease to Air Canada (2002) Acted for finance provider in connection with the structured financing of aircraft flight simulators (2003)
- Advised lender syndicate, various aircraft lessors and certain unsecured creditors in connection with the restructuring of Air Canada (2003)
- Acted for finance provider in connection with the leveraged lease re-financing of passenger ferries and surface transportation equipment (1999-2003)
Publications / Presentations
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