The database contains 3 case summaries relating to Immigration and Shipping. The summaries are sorted in reverse date order with 20 summaries per page. If there are more than 20 summaries, use the navigation links at the bottom of the page.
Colley West Shipping Company Ltd. v. Minister of Citizenship and Immigration, 2006 FC 1419
This was an application for judicial review of a decision ordering the Applicant to pay the costs of deporting a stowaway who had entered Canada illegally. The Applicant provided services to tramp ships on a fee for services basis and had been the agent for the ship that brought the stowaway to Canada. The issue was whether the Applicant was an “agent” of the shipowner within the meaning of s.148 of the Immigration Act and therefore liable for the costs of deportation. The Court noted that there are different types of agency relationships and agents and held that the term “agent” in the Act should not be broadly interpreted to include agents such as the Applicant with limited mandates. In result, the application was allowed and the demand for payment was quashed.
March Shipping v. Canada, 2002 FCT 294
This was a request for judicial review of the filing of a certificate under the Immigration Act requiring the Applicant to post security in the amount of $120,000.00. The certificate was filed against the Applicant as the agent for the owner of a ship. The ship owner became insolvent and eight crew members deserted. The Applicant argued that it was not liable as it had ceased acting as agent for the ship owner upon the insolvency of the ship owner and prior to the desertion of the crew members. The Court held, however, that the Applicant was liable. The Court noted that the term “transportation company” in the Act should be given a broad interpretation and further noted that the Applicant had not advised the Ministry of Citizenship and Immigration that it had ceased acting as agent.
Greer Shipping Ltd. v. Canada, 2002 FCA 80
This was an appeal from a decision of the Trial Division holding the agent of the ship liable for the costs of deportation of a crew member who deserted the ship while at Vancouver in 1992. The appeal turned on the definition of “transportation company” in the Immigration Act. The Federal Court of Appeal noted that the statutory definition had been changed in 1993 from “persons carrying or providing for the transportation of persons” to “persons carrying or providing for the transportation of persons or goods”. The Court of Appeal held that the old definition applied and that under the old definition a cargo ship was not a “transportation company”. Accordingly, the appeal was allowed and the agent was not liable for the costs of deportation.