Transport Law in Canada
Richard Lande
Foreward by the Honourable Marshall Rothstein, C.C., K.C., Judge-Supreme Court of Canada-Retired
Epilogue by J.J. Ruest, former CEO of Canadian National Railway
Transport Law in Canada is a textbook for legal practitioners and professionals in the logistics industry in North America who are interested in Canadian regulation of trucking, rail, and marine carriers. The book explains best-in-class practices for load brokers, carriers, and warehousemen, as well as shippers and consignees.
Original artwork for "Transport Law in Canada" is by Beth Neville. Learn more about her artwork.
“‘Transport Law in Canada’ is one of the very few textbooks available for Canadian supply chain professionals. I have known the author, Dr. Richard Lande for many years and we at Subaru Canada have used his transportation legal expertise, as our company’s volume of finished vehicles have grown throughout Canada.
I recommend this book to all the shippers and distributors of manufactured products which are transported daily across North America. The book explains the major differences which exist in regulation between Canada and the United States. Logistics has always been a significant component of the delivery expectations of customers and every manufacturer needs guidance on best practices in order to sustain and enhance their brand.”
“Transportation Law in Canada by Dr. Richard Lande is an incredibly informative and valuable resource for anyone involved in the transportation industry in Canada. This book is well-organized and covers a broad range of topics, providing comprehensive and practical guidance on a variety of issues related to transportation law.
Overall, Transportation Law in Canada is an exceptional resource for anyone seeking to navigate the complex world of transportation law. Dr. Lande’s expertise and attention to detail make this book
an essential reference for transportation lawyers, business owners, and industry professionals alike. I highly recommend it!”
Transport Law in Canada: Contents
Trucking Law: Chapters 1-13
by Richard Lande
Chapter 1: What provisions should be included in a shipper-carrier contract to protect the parties against unforeseen liability?
Chapter 2: What are the requirements for a Canadian shipper or consignee to file a claim against a carrier for damage to or loss of their products?
Chapter 3: What is “double liability”?
Chapter 4: How can load confirmations be used to protect shippers and brokers?
Chapter 5: How can a load broker protect their customer base when hiring outside trucking firms, through the clauses to be included in a broker-carrier agreement?
Chapter 6: What are the pitfalls of which a customer should be wary when negotiating a warehousing contract?
Chapter 7: How can a trucking company protect itself from lost or delayed equipment during a trailer interchange or sub-lease?
Chapter 8: Can a Canadian trucking firm transport loads within U.S.A. without contravening the cabotage or immigration regulations?
Chapter 9: Can a shipper or broker sue a carrier for damages if the load is late?
Chapter 10: What are some of the major flaws and weaknesses in motor carrier insurance policies which can expose shippers, brokers, and carriers to unwarranted liability?
Chapter 11: At what point in transit is the carrier responsible for the load?
Chapter 12: How can motor carriers be lawfully protected from the sharp practises of their drivers, dispatchers, shippers and brokers?
Chapter 13: Can unpaid trucking firms successfully pursue the owners who received their transported goods, if they are not listed on the bill of lading as the consignee?
Railway Law: Chapters 14-15
Chapter 14: Rail transportation in Canada—a primer by Orlando Rosa
Chapter 15: Liability for freight loss, damage or delay on rail shipments originating in the United States by John K. Fiorilla
Marine Law: Chapters 16-17
Chapter 16: Maritime contracts of carriage: an overview by Matthew Hamerman
Chapter 17: Can Canadian importers/exporters effectively negotiate against large multinational shipping lines? by Vanessa Major and Marc de Man
Multi-Modal Transportation: Chapter 18
Chapter 18: Multi-modal transport and land carriers’ third-party rights by David Colford
Corporate Issues Relating to Transportation Law: Chapters 19-28
Chapter 19: Corporate considerations for Canadian trucking firms by Dhanbir Jaswal
Chapter 20: Do non-compete and non-solicitation clauses prevent a driver from working for another trucking company? by Frank De Angelis , Daylen Lafleur and Aaron LaForest
Chapter 21: What is a dependent contractor? by Frank De Angelis , Daylen Lafleur and Aaron LaForest
Chapter 22: What is the distinction between an employee and an independent contractor? by Frank De Angelis , Daylen Lafleur and Aaron LaForest
Chapter 23: What are legal options to retrieve a load if a carrier refuses to effect delivery? by Frank De Angelis , Daylen Lafleur and Aaron LaForest
Chapter 24: Factoring and assignments by William Tackaberry
Chapter 25: What are the carrier’s alternatives to pay workers compensation for drivers? by Glenn Caldwell, Shane Cutler, Rick A Eckerson and Christopher J Cheney
Litigation Issues Involving Highway Infractions: Chapters 29-30
Chapter 26: What are the key elements of the current Quebec safety legislation and how do the government agencies of that province regulate truck safety? by JJ Alary
Chapter 27: How can trucking firms defend against the most serious highway safety infractions in Ontario? by Robert Riddell
US Trucking Law: Chapters 31-32
Chapter 28: Four major topics in U.S. trucking which affect transborder moves by Hank Seaton
Chapter 29: Status of American trucking law by Michael Tauscher
Epilogue: by JJ Ruest, former CEO of CN Rail.
“The transport industry is in the midst of many changes, the laws are sometimes difficult to navigate and with the globalization of industry, this book is a must read for those that need to understand what can and cannot be done
It’s insightful and written so it’s easy to understand ”
Richard Lande, Ph.D., LL.L
Richard Lande has been actively involved in Canadian transportation for the past fifty years. He is a member of both the Quebec and Ontario Law Societies. He lived in Montreal until 1987 where he worked for Canadian Pacific Railway, as well as being a tenured associate professor at Concordia University. He then moved his law practice to Toronto and served as the president of the Importers Transport Council, a consortium of manufacturers of automobiles from Japan and Europe.
Richard was the founding chairman of the Canadian division of the Chartered Institute of Logistics and Transportation. He and his wife Pearl have organized an annual Conference on Transportation Innovation and Cost Savings for over 34 years.
Richard was appointed the Honorary Consul General for the Comoros Islands to Canada in 2009. He has made over 100 presentations on Canadian transport law to audiences in North America and in Malaysia and Hong Kong. He has been a Research Fellow at the Bureau of Transport Economics in Australia and was a Transportation Fellow in Residence at Oxford University.
Richard and his wife Pearl live on a farm in Burlington, Ontario. They have four children and a granddaughter.
This is Richard’s tenth book on transportation law.
Richard is a Member of the Bars of Ontario and Quebec.
Transport Law in Canada
$495.00
Transport Law in Canada is a textbook for legal practitioners and professionals in the logistics industry in North America who are interested in Canadian regulation of trucking, rail, and marine carriers. The book explains best-in-class practices for load brokers, carriers, and warehousemen, as well as shippers and consignees.
Quantity: