FCA hears $1.5-million cargo damage lawsuit against CSXT

A $1.5-million suit involving CSX Transportation, Canadian National Railway, and ABB Inc. was brought before the Federal Court of Appeal this week, featuring McCarthy Tétrault LLP, Watson Geopel LLP, and Fernandes Hearn LLP representing the parties, respectively. Meanwhile, the Federal Court involved appearances by Nastaran Roushan and Hicks Morley in an employment law case, Karim Ramji Law Corp. representing the plaintiff in a residential school sexual assault case, and Acheson Sweeney Foley appearing for the representative plaintiff in a proposed class action dealing with the needs of aging federal inmates.

Federal Court of Appeal

CSX Transportation Inc. (CSXT) appealed a decision of the Federal Court ordering it to pay $1.5 million in damages to ABB Inc. The case stemmed from an agreement between Canadian National Railway Company (CN) and ABB to ship cargo containing electrical transformers from Quebec to Kentucky. CSXT was contracted to handle the US portion of the trip. The cargo sustained damages in transit. The trial judge found that CSXT was negligent in the carriage of goods. McCarthy Tétrault LLP represented CSXT, Fernandes Hearn LLP acted for ABB Inc., and Watson Goepel LLP represented Canadian National Railway Company.

Smart & Biggar acted for Hoffmann-La Roche Limited and Intermune Inc. in its lawsuit brought under the Patented Medicines (Notice of Compliance) Regulations. Roche alleged that the making, using, importing, selling, and exporting of the Sandoz pirfenidone tablets and capsules would infringe certain claims of Roche’s patents. Sandoz was represented by Sprigings Intellectual Property Law.

Federal Court

Maggie Carrasqueiras challenged the refusal of the Canadian Human Rights Commission to deal with her complaint pursuant to the Canadian Human Rights Act. The case stemmed from a grievance and harassment case filed by Carrasqueiras against her former employer, Sunwing Airlines Inc. In the federal court, Carrasqueiras was represented by Nastaran Roushan and Sunwing was represented by Hicks Morley.

Karim Ramji Law Corp. represented the plaintiff in a sexual assault lawsuit allegedly perpetrated on him while he was a young boy living at the St. George’s Indian Residential School in Lytton, B.C. St. George’s was funded, operated, and managed by the Crown. Plaintiff claimed that three staff members at St. George’s sexually assaulted him between 1936 and 1942.

Gilbert McGloan Gillis acted as the legal counsel of Mogens Givskud Co. Ltd., exporter of Canadian seed potatoes. The company filed a suit against the Canadian Food Inspection Agency, claiming that the agency had been negligent in issuing phytosanitary certificates which resulted in significant financial losses to the plaintiff.

Bernard LLP represented Fraser River Pile & Dredge Inc. (FRPD) in its claim for damages against the defendants, MLT Capital Corp. and Mercury Launch and Tug Ltd. In 2019, the defendants’ barge broke loose from its moorings in the Fraser River. The barge was adrift and unmanned for a period of time until it collided with the floating portion of the Columbia Float Line owned by FRPD.

The federal court heard a proposed class proceeding alleging that the Crown had failed to recognize and fulfill the specific needs and rights of aging federal inmates.  Acheson Sweeney Foley acted as the legal counsel of the plaintiff representative of the class.

In the area of intellectual property, some of the notable law firms and companies present in court this week were Fasken Martineu Dumoulin LLP for Societé Radio Canada, Gowling WLG for Techno Pieux Inc., DLA Piper LLP for Videotron Ltd., McCarthy Tétrault LLP for BCE Inc. and for Abbvie Corporation, Lenczner Slaght LLP for Rovi Guides Inc., Goodmans LLP for Jamp Pharma Corp., and Osler Hoskin & Harcourt LLP for Teva Canada Ltd.

Under immigration and refugee law, the firms which appeared in court include Lewis & Associates, Ramcharitar Law, Battista Smith Migration, Vecina Law Professional Corp., and Grice & Associates.