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.

Industry recognition & involvement

In its 2024 edition, Chambers Canada recognized MLT Aikins for Transportation: Rail and Road: Nationwide-Canada. Our lawyers are also recognized by Best Lawyers in Canada and the Canadian Legal Lexpert Directory for Transportation (road & rail).

Our transportation lawyers are committed to this industry. They participate in industry associations and take pride in being involved in the community to promote the greater success of this vital Canadian industry.

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

Trucking & Logistics

Our transportation lawyers have extensive experience supporting carriers and logistics providers on the drive for success. We are regularly called on for:

Commercial

• Mergers and acquisitions including some of the largest trucking M&A deals in Canada
• Drafting and negotiation of all types of transportation service agreements including carrier/broker and carrier/shipper agreements and multi-modal agreements
• Supporting construction or purchase and sale of terminal, cross-dock and other facility construction
• Advising on bank financing and alternative financing arrangements
• Assisting with the development and deployment of technology

Employment

• Hiring and terminating employees, contractors and owner-operators
• Advising on employee/contractor misclassification (Driver Inc.)
• Compensation plans
• Union and collective bargaining negotiations
• Occupational health and safety issues
• Human rights complaints

Litigation

• Collections
• Cargo loss or damage claims
• Insurance claims
• Breach of contract and commercial disputes

Regulatory

• Safety standards and compliance
• Permits and licensing
• Transportation of dangerous goods
• Appearing before: Federal Court of Appeal, Canadian Transportation Agency, Transportation Appeal Tribunal of Canada

Subscribe to The Legal Route – A monthly email newsletter featuring timely and relevant transportation-related articles.

View a sample edition here.