Transportation Litigation

Marvin:

  • Represented a variety of individuals, businesses, and organizations in litigation involving bills of lading, cargo claims, freight claims, motor carriers, railroads, regulations, and trucking law.

  • Successfully represented the Ontario Trucking Association in a dispute with the Government of Ontario concerning the constitutionality of the Ontario tire tax.

  • Represented numerous plaintiffs in litigation against the Government of Ontario challenging the constitutional validity and enforceability of regulations made under the Highway Traffic Act (Ont.), resulting in amendments being made to those regulations creating a vision waiver program province-wide.

  • Successfully represented an international trucking corporation in an appeal pursuant to the Highway Traffic Act, before the Licence Suspension Appeal Tribunal, setting aside the decision of the Registrar of Motor Vehicles to issue a Suspension and Seizure Order affecting a fleet of approximately 3,600 commercial motor vehicles. The case is precedent-setting.

  • Represented several carriers and a national transportation organization to provide advice as to whether Canadian trucking companies conducting drug and alcohol testing in compliance with U.S. Department of Transportation Regulations may be justified in doing so under the Canadian Human Rights Act.