Details of New Luxury Tax on Vessels and Aircraft
Andrei Korottchenko
by Andrei Korottchenko
2y ago
Luxury boating in Canada is about to get more expensive. The Department of Finance recently released its draft legislative proposals to implement a luxury tax on some vessels, aircraft and luxury cars. After a period of consultation, the draft proposals are expected to become law as part of the Select Luxury Items Tax Act. The new tax is going to affect all pleasure craft with a value of $250,000. It will also affect all private aircraft and vehicles with a retail price of $100,000 or more and built after 2018. The tax will be assessed on the value of the asset. The amount of the tax will be 2 ..read more
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Admiralty Court Rules Marina Owners Can Limit Liability
Andrei Korottchenko
by Andrei Korottchenko
4y ago
A recent decision of the English Admiralty court would be of considerable interest to marina owners, operators and insurers. In Holyhead Marina v. Peter Farrer [2020] EWHC 1750 (Admlty), Teare J. held that a marina owner could limit its liability pursuant to section 191 of the English Merchant Shipping Act 1995.  In March 2018, Storm Emma caused catastrophic damage at Holyhead Marine in North Wales. There was evidence of considerable damage to 89 yachts moored at the marina. The marina owners were exposed to claims of around £5 million by yacht owners on account of alleged negli ..read more
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Supreme Court of Canada Sides with Uber Driver in Labour Dispute
Andrei Korottchenko
by Andrei Korottchenko
4y ago
In an 8 to 1 decision, the Supreme Court of Canada sided with an Uber driver finding the requirement of arbitrating labour disputes in the Netherlands to be unconscionable. This was the second Supreme Court of Canada decision in the transportation space over the last several months. It followed the decision in Wartsila v. Desgagnes Group rendered at the end of 2019.    Mr. Heller was an Uber driver, who commenced a class action lawsuit against Uber for alleged violations of employment standards legislation. Before commencing his relationship with Uber, Mr. Heller accepted the terms o ..read more
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Thomas Cook latest casualty of soft air travel market
Andrei Korottchenko
by Andrei Korottchenko
4y ago
With Thomas Cook abruptly going into liquidation on September 23, 2019, another airline is added to an already impressive list of airlines that ceased operations since the start of 2018. In less than 2 years, all of the following airlines went out of business, often stranding thousands of passengers: Primera Air; Great Lakes Airlines; Nextjet; Saratov Airlines; Small Planet Airlines; Privat Air; Cobalt; Germania; and Wow Air. Hopefully this trend reverses itself in 2020.  The post Thomas Cook latest casualty of soft air travel market appeared first on Andrei Korottchenko - Isaacs&Co. - To ..read more
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Federal Court dismisses Air Canada pilots’ appeal
Andrei Korottchenko
by Andrei Korottchenko
4y ago
Gregg v. Air Canada 2019 FCA 2018Download In a newly-released split decision, the Federal Court of Appeal affirms the decision of the Federal Court [Gregg v Air Canada 2017 FC 506] which dismissed the pilots’ application for judicial review of the decision of the Ontario Human Rights Commission which refused to review the pilots’ complaints because the Commission found it was plain and obvious that the complaints could not succeed. The Federal Court of Appeal had previously found that the provision of the Canadian Human Rights Act which enabled an employer to terminate an individual’s emp ..read more
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Andrei Korottchenko Blog – M/V Matterhorn – Federal Court’s ADR powers at work
Andrei Korottchenko
by Andrei Korottchenko
4y ago
The Matterhorn – 2019 FC 926Download The case of the M/V Matterhorn is a great example of Federal Court’s alternative dispute resolution powers at work. The Facts The M/V Matterhorn, a 60-year-old, 48-metre tug, sank at her moorings on August 10, 2014, in Mount Carmel, Newfoundland, resulting in an oil spill around the vessel. The Coast Guard ordered the vessel owners to install a boom around the vessel to contain the pollution. The owners made some initial attempts to secure the contaminated area, but quickly stopped responding to Coast Guard’s orders. The vessel continued leaking pollut ..read more
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Andrei Korottchenko Blog – Happy Friday!
Andrei Korottchenko
by Andrei Korottchenko
4y ago
Gorgeous Stellenbosch, South AfricaThe post Andrei Korottchenko Blog – Happy Friday! appeared first on Andrei Korottchenko - Isaacs&Co. - Toronto, Canada ..read more
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Burden of Proof under Hague Rules
Andrei Korottchenko
by Andrei Korottchenko
4y ago
A recent English Supreme Court decision provided useful clarification on the burden of proof applicable in cargo disputes under the Hague Rules. The case of Volcafe Ltd and Others v. Compania Sud Americana de Vapores SA ([2018] UKSC 61), dealt with a cargo of coffee beans shipped in multiple containers from Colombia to ports in North Europe. The cargo showed signs of damage by condensation upon arrival to the port of discharge. The Supreme Court unanimously held that the carrier bore the burden of disproving negligence under Articles III.2 and IV.2 of the Hague Rules. Because the carrier could ..read more
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Thomas Cook latest casualty of soft air travel market
Andrei Korottchenko
by Andrei Korottchenko
4y ago
With Thomas Cook abruptly going into liquidation on September 23, 2019, another airline is added to an already impressive list of airlines that ceased operations since the start of 2018. In less than 2 years, all of the following airlines went out of business, often stranding thousands of passengers: Primera Air; Great Lakes Airlines; Nextjet; Saratov Airlines; Small Planet Airlines; Privat Air; Cobalt; Germania; and Wow Air. Hopefully this trend reverses itself in 2020.  The post Thomas Cook latest casualty of soft air travel market appeared first on Andrei Korottchenko - Isaacs&Co. - To ..read more
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Federal Court dismisses Air Canada pilots’ appeal
Andrei Korottchenko
by Andrei Korottchenko
4y ago
Gregg v. Air Canada 2019 FCA 2018Download In a newly-released split decision, the Federal Court of Appeal affirms the decision of the Federal Court [Gregg v Air Canada 2017 FC 506] which dismissed the pilots’ application for judicial review of the decision of the Ontario Human Rights Commission which refused to review the pilots’ complaints because the Commission found it was plain and obvious that the complaints could not succeed. The Federal Court of Appeal had previously found that the provision of the Canadian Human Rights Act which enabled an employer to terminate an individual’s emp ..read more
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