News, Announcements, Recent Cases

Last Updated: June 2010

Welcome to AdmiraltyLaw.com. This site is about Canadian maritime law, shipping law, marine law, fisheries law, the law of marine insurance and the law of the sea, ships and shipping. On this page you will find recent items and cases of interest.

This site is maintained by Christopher Giaschi of Giaschi & Margolis. The Fisheries Pages are maintained by Brad Caldwell of Caldwell & Co. Please contact us with your comments or suggestions.

ANNOUNCEMENTS

RECENT CASES

Giaschi & Margolis one of Canada's Top Maritime Law Boutiques

We are pleased to announce that Canadian Lawyer Magazine in its June 2010 issue has identified Giaschi & Margolis as one of the top 6 maritime law boutiques in Canada. An online version of the story can be found here. Other firms in the list include our friends and colleagues at: Bernard & Partners (Vancouver), Brisset Bishop (Montreal), Fernandes Hearn (Toronto), Metcalf & Co. (Halifax) and Isaacs & Co. (Toronto).

New Look For AdmiraltyLaw.com

You may have noticed that we have completely redone AdmiraltyLaw.com. We've tried to modernize the look and feel of the site while at the same time maintaining easy simple navigation features. We hope you like it.

Paper on Recent Amendments to the Marine Liability Act under Bill C-7

We recently prepared a paper, "Bill C-7 Amendments to the Marine Liability Act", for presentation to the Vancouver Maritime Arbitrators Association on 28 January 2010. Please click here for a copy of the paper.

Bunkers Convention and Supplementary Fund Protocol in Force on 2 January 2010

The International Convention on Civil Liability for Bunker Oil Pollution Damage and the Supplementary Fund Protocol 1992 to the International Convention on Civil Liability for Oil Pollution Damage, 1969 (as enacted by amendments to the Marine Liability Act (Bill C-7) and ratified by Canada on 2 October 2009) will come into force in Canada on 2 January 2010. For more information, go here. For some FAQs on the Bunker Convention, go here.

Lexpert Recognizes Giaschi & Margolis

According to the Canadian Legal Lexpert Directory Survey of 2009, Giaschi & Margolis is "Consistently Recommended" as a leading law firm in the area of Shipping and Maritime Law in British Columbia and Chris Giaschi is the most frequently recommended maritime and shipping lawyer in British Columbia.

Limitation Periods

We have updated the page on Limitation/Prescription periods to reflect the new general limitation period of three years enacted by s. 140 of the Marine Liability Act. The three year period applies to claims governed by Canadian maritime law and for which there is not a specifically prescribed federal limitation period.

Parliamentary Report on the Hamburg (and Rotterdam) Rules

Transport Canada has released its Report to Parliament on the Hamburg Rules (which also deals with the new Rotterdam Rules). The report can be found here.

Welcome - New Associate

Giaschi & Margolis is pleased to announce that Sonja Mills has joined the firm as an associate. Her curriculum vitae can be viewed here.

Marine Liability Act Amendments

Bill C-7 which implemented amendments to the Marine Liability Act received Royal Assent on 23 June 2009. The Media Release summarizing the amendments can be found here. The full text of the consolidated Act can be found here.

Navigable Waters Protection Act

Bill C-10 contain various amendments to the Navigable Waters Protection Act. Those amendments can be found here.

Rotterdam Rules

The Rotterdam Rules, the new Convention for the International Carriage of Goods Wholly or Partly by Sea, were signed in Rotterdam on 23 September 2009. Canada has not signed the convention. Transport Canada has prepared an Information Paper on the new Convention which can be found here.

2008 Summaries

The paper Developments in Canadian Maritime Law 2007-2008 is now available for download here. The paper also includes a synopsis of the truly significant developments for those who like the readers digest versions. The various pages of the site have been updated with the new summaries.

2010 Cases

Carriage by Sea - Hague Rules - Interpretation of Exclusion/Limitation Clauses - Refrigeration Breakdown Post Discharge - Fruit

Les Courtiers Breen Ltee. v Hediterranean Shipping Co. 2010 QCCQ 583

Liens -In Rem Actions - Availability of U.S. Maritime Lien where Vessel under Charter

World Fuel Services Corporation v. Nordems (Ship), 2010 FC 332

Discovery

Galerie au chocolat Inc. v. Orient Overseas Container Line Ltd., 2010 FC 327

2009 Cases

Practice - In Rem Actions - Arrest - setting aside

Morecorp Holdings Ltd. v Island Tug & Barge Ltd., 2009 BCSC 1614

Carriage of Goods - Liability for Storage Charges

American Transport Logistics v Kobi Group Inc., 2009 CanLii 65798

Practice - Formal Offer to Settle

More Marine Ltd. v The "Western King", 2009 BCSC 504

Air Carriage - Passengers - Montreal Convention - Damages for Mental Anguish

Lukacs v United Airlines, 2009 MBCA 111

Road Carriage - Fundamental Breach - Limitation of Liability

Exalta Transport Corp. v. C & A Industries Inc., 2008 ABQB 63

Road Carriage - Dangerous Goods

Ridsdale Transport Ltd. v. Transwest Air, 2009 SKQB 380

Rail Carriage - Demurrage

Railink v Fedmar Limited, 2009 ONSDC 08-031

Carriage of Passengers - Athens Convention - Jurisdiction Clause

Nicolazzo v Princess Cruises, 2009 ONSCDC 08-82

Carriage of Goods - Liability for Freight

Cargo Dynamics Logistics Inc. v. Apex Micro Manufacturing Corp., 2009 BCSC 832

Carriage of Household Goods - Limitation of Liability

Franklin v U Haul Co. (Canada) Ltd., 2009 SKPC 9

Carriage of Household Goods - Limitation of Liability - Aggravated Damages

Wepruk v Great Canadian Van Lines Ltd.,2009 BCPC 0183

Fatal Injury - Damages

McDonald v The "Queen of the North", 2009 BCSC 1129

Fatal Injury - Infants - "In Camera" - Damages

McDonald v The "Queen of the North",2009 BCSC 646

Personal Injury - Psychological Injury

Kotai v The "Queen of the North", 2009 BCSC 1604

Harbour Dues - Unlawful Tax

Algoma Central Corporation v. Canada, 2009 FC 1287

Carriage of Goods - Freight Forwarder - Multimodal- non-payment of freight - "Freight Pre-Paid" Bills of Lading

H. Paulin & Co. Ltd. v. A Plus Freight Forwarder Co. Ltd., 2009 FC 727

Ownership - Matrimonial Dispute - Sale

Ricci v. Tully, 2009 FC 493

Carriage of Goods - Intermodal - Rail carriage - Himalaya Clause - Applicable limitation

Cami Automotive, Inc. v. Westwood Shipping Lines Inc., 2009 FC 664 (CanLII)

Canadian Maritime Law - Application of Provincial Statutes - Workers Compensation

Ryan Estate v. Universal Marine, 2009 NLTD 120

Fatal Accident - Limitation Periods - Application of Provincial Statutes

Frugoli c. Services Aériens des cantons de L'Est inc., 2009 QCCA 1246

Ship Repair - Negligence - Exclusion Clauses - Summary Trial

656925 B.C. Ltd. v. Cullen Diesel Power Ltd., 2009 BCSC 260

Carriage of Goods - Deck Carriage - Application of Hague-Visby Rules

Allianz Global Risks US Insurance Company c. Moosonee Transportation Ltd., 2009 QCCQ 7569

Collisions - Ship at Moorage - Liability – Damages - Betterment - Expert’s Reports -Representative Proceedings

Laichkwiltach Enterprises Ltd. v. F/V Pacific Faith (Ship), 2009 BCCA 157 (additional reasons2009 BCCA 308), aff'g in part 2007 BCSC 1852, additional reasons 2008 BCSC 282

Ship building - Government Procurement – Standing

Irving Shipbuilding Inc. v. Canada (Attorney General), 2009 FCA 116 affirming 2008 FC 1102

Carriage of Goods - Limitation Period - Counterclaim

Hapag-Lloyd Container Linie GmbH v. Moo Transport &ommodities Inc., 2009 FC 201

Admiralty Practice - In Rem Actions - Arrest

Dragage Verreault Inc. v The M/V "Atchafalaya", 2009 FC 273

Carriage of Goods - Deck Carriage - Marine Insurance - Waiver of Subrogation - 3rd parties

Timberwest Forest Corp. v. Pacific Link Ocean Services Corporation, 2009 FCA 119 affirming 2008 FC 801

Marine Insurance - Subrogation - Control of action

Hodder Tugboat Co. Ltd. v. JJM Construction Ltd., 2009 FC 161, 2009 FCA 209

Marine Insurance - Discovery - Privilege

Universal Sales Limited v. Edinburgh Assurance Co. Ltd., 2009 FC 150 and 2009 FC 151

Canadian Maritime Law - Application of Provincial Statutes - Occupational Health and Safety

Jim Pattison Enterprises v. Workers' Compensation Board, 2009 BCSC 88 (summary)

Supply of goods and services

Sealand Marine Electronics v. Lukey’s Boat (Ship), 2009 FC 32(summary)

2008 Cases

Fatal Accident - Athens Convention - Availability of Punitive and Aggravated Damages

McDonald v. Queen of the North (Ship), 2008 BCSC 1777 (summary)

Canadian Maritime Law - Application of Provincial Statutes - Occupational Health and Safety

R. v. Mersey Seafoods Ltd., 2008 NSCA 67 (summary)

Collision - Personal Injury - Limitation of Liability

Gundersen v. Finn Marine Ltd., 2008 BCSC 1665 (summary)

Collisions - Investigations - Transportation Safety Board - Release of seized data

British Columbia Ferry Services Inc. v. Canadian Transportation Accident Investigation & Safety Board 2008 BCCA 40 (summary)

Carriage - Freight - set off - jurisdiction - Ciffa Terms

Locher Evers International v. Canada Garlic Distribution Inc. 2008 FC 319 (summary)

Ship Repair – Unconscionable transaction – Quantum Meruit

Nanaimo Shipyard Ltd. v. Keith 2008 BCSC 1150 (summary)

Mortgages - Priorities - Application of Provincial Statutes

Royal Bank v. 1132959 Ontario Ltd. 2008 CanLii 40231 (summary)

Collision - Fatal Injury - criminal negligence - dangerous operation of a vessel

R. v. MacKay, 2008 NSPC 8 (summary)

Pollution - discharge from Vessel - Offence

Newfoundland Recycling v. Her Majesty the Queen (Attorney General for Canada), 2008 NLTD 38 (summary)

Personal Injury - Duty of Care - Damages

Wozniak v. Alexander, 2008 ABQB 430 (summary)

Fatal Accident - Juries - Severance of issues

Kotai v. Queen of the North (Ship), 2008 BCSC 1398 (summary)

Collision - Failure to give way - Contributory Negligence

Vogelsang v. Vandale 2008 SKPC 137 (summary)

Carriage – Contract of Affreightment – Negotiations – Essential Terms - damages

Catalyst Paper Corp. v. Companhia de Navegação Norsul , 2008 BCCA 336 (summary)

Carriage - Freight - interpleader

Rio Tinto Shipping (Asia) Pte Ltd. v. Korea Line Corporation, 2008 FC 1376, (summary)

Priorities - Necessaries suppliers - applicable law

Kent Trade and Finance Inc. v. JPMorgan Chase Bank, 2008 FCA 399, (summary)

rail carriage - damage- applicable tariff - limitation

Alstom Canada Inc. v. Canadian National Railway Company, 2008 FC 1311, (summary)

Pollution - adequacy of compensation

Canada v. Ship-source Oil Pollution Fund, 2008 FC 1094, (summary)

Ship building - Government Procurement - Standing

Irving Shipbuilding Inc. v. Canada (Attorney General), 2008 FC 1102, (summary)

Judgement - Collection - Garnishment

Morgan v. Guimond Boats Limited, 2008 FC 1004, (summary)

Ship building - Extras

D’Eon Boatbuilding Limited v. Thankful Too Family Fisheries Inc., 2008 FC 923, (summary)

Carriage of Goods - Deck Carriage- Marine Insurance - Waiver of subrogation - 3rd parties

Timberwest Forest Corp. v. Pacific Link Ocean Services Corporation, 2008 FC 801, (summary)

Carriage of Goods - Stay of Proceedings - s.46 M.L.A.

Mitsui O.S.K. Lines Ltd. v. Mazda Canada Inc., 2008 FCA 219, (summary)

Fatal Accident - Damage Assessment

Wilcox v. Miss Megan (Ship), 2008 FC 506, (summary)

Multi-modal – Bailment on Terms – Himalaya Clause – Rail Carriage – s.137 Canadian Transportation Act

Boutique Jacob Inc. v Pantainer Ltd., 2008 FCA 85 (summary)

Breach of Collision Regulations - Due Diligence

R. v. Bridle, 2008 BCPC 52 (summary)

Pollution - Deposit of deleterious substance - Sentence