News, Announcements, Recent Cases
Last Updated: 16-Apr-2013
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 |
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New Summaries Summaries for cases decided in 2012 and the first quarter of 2013 are complete. Updated: 2013-04-16 18:17:05 Chambers & Partners Rankings Chambers & Partners, one of the more respected directories that ranks lawyers and law firms, has for the first time included Canadian shipping lawyers. We are pleased to say that Christopher Giaschi is ranked as a Band 1 lawyer, the highest ranking. The firm and lawyer rankings also include many familiar names. The rankings can be found here. Updated: 2013-03-16 12:02:57 New Summary - Agreement to Insure We have added a new summary relating to a case decided in 2011 which was missed in our annual review of 2011 cases. The case is Lafarge Canada Inc. v. JJM Construction Ltd., 2011 BCCA 453 and the summary can be found here. Updated: 2012-11-14 11:37:26 Site Update Complete The update of Admiraltylaw.com is now complete. All of our summaries have been moved to databases to improve searching and organization. There are approximately 980 summaries that are contained in our databases. We hope you find the changes to be useful. Updated: 2012-08-21 12:14:48 Site Update Underway Please be advised that we are in the process completely updating this site. Specifically, all of our summaries are being moved to a database which will allow for better organization and easier searching. There may be some glitches until the transition is completed, for which we apologize. Updated: 2012-08-20 11:12:59 Case Management in the Federal Court We have added a paper prepared by Chris Giaschi entitled Case Management in the Federal Court which was presented at a Federal Court and Federal Court of Appeal Practice seminar on 9 March 2012. See the Papers page for a copy of the paper Updated: 2012-08-20 11:12:28 New Summaries 2011-2012 We have completed the summaries of cases decided between 1 January 2011 and 31 March 2012. The paper in pdf format is located here. The individual case summaries have not yet been added to the appropriate subject pages of the site. Updated: 2012-08-20 11:09:20 |
Carriage by Sea - Application of Hague-Visby Rules - In Rem Actions - Change of Ownership - Damage Done by a Ship The “Mercury XII” v. The “MLT-3” , 2013 FCA 96 2012 FC 738 SummaryPriorities - Whether s.139 MLA applies to construction of ships? - Meaning of Foreign Ship - Whether personal liability of owner required? Comfact Corporation v. Hull 717, 2013 FCA 93 2012 FC 1161 SummaryConstruction Mortgage - Entitlement of Purchaser/Mortgagee to Return of Advances Offshore Interiors Inc. v. Worldspan Marine Inc., 2013 FC 221 SummaryJudicial Sales - Priorites - Costs - Procedure in Priorities Disputes Cameco Corporation v. The "MCP Altona", 2013 FC 177 SummaryMontreal Convention - Limitation of Liability - Requirement of Notice Durunna v. Air Canada, 2013 ABPC 31 SummaryDiscovery - Privilege - Appeals - Whether Order of Prothonotary Discretionary Hagedorn v. The "Helios", 2013 FC 101 SummaryLiens - Mortgages - Priorities - Necessaries Lien - Salvage Convention Cameco Corp. v. The "MCP Altona", 2013 FC 23 SummaryAssessment of Sheriff's Costs TAM International Inc. v. The MCP Altona, 2013 FC 9 2012 FC 1168 SummaryOffences – Canada Shipping Act Violations R. v. Ralph, 2013 NLCA 1 2011 NLTD 10 SummaryCarriage of Goods - Arbitration Clause - Stay of Proceedings - Application of s.46 MLA to Charterparties T. Co. Metals LLC v. The Federal Ems, 2012 FCA 284 2011 FC 291 SummaryOffences - Dangerous Operation of a Vessel Causing Death R v. Escott, 2012 BCSC 1922 SummaryMarine Insurance - Wreck Removal - Damages - Interest - Costs Universal Sales Limited v. Edinburgh Assurance Co. Ltd., 2012 FC 1192 SummaryFederal Court Jurisdiction over Provincial Crown – Practice – Pleadings - Motion to Strike Ship Source Oil Pollution Fund v. British Columbia (Finance), 2012 FC 725 SummaryRight of Rail Carrier to Limit Liability - Application of Liability Limits to Cargo Owner Mitsubishi Heavy Industries Ltd. v. Canadian National Railway Company,, 2012 BCSC 1415 SummaryTug and Tow - Vicarious Liability of Vessel for Damage caused by Tug - Collisions - Limitation of Liability Grieg Shipping A/S v. The "Dubai Fortune", 2012 FC 1110 SummaryCosts – Offer to Settle - Set-off Calogeras & Master Supplies Inc v. Ceres Hellenic Shipping Enterprises Ltd., 2012 FCA 244 2011 FC 1276 SummaryOffences - Dangerous Operation of a Vessel R v. Kerr, 2012 BCSC 1311 SummaryLimitation of Liability - Jurisdiction - Concurrent Cases - Stay of Limitation Proceedings - Establishment of Limitation Fund - Enjoining Superior Court Siemens Canada Limited v. J.D. Irving, Limited, 2012 FCA 225 2011 FC 791 SummaryTubing Accident - Summary Judgment -Liability Woodbury v. Hamilton, 2012 ONSC 4817 SummaryMarine Insurance – Cargo All Risks - Fortuity - Burden of Proof – Sufficiency of Packing Feuiltault Solution Systems Inc. v. Zurich Canada, 2012 FCA 215 2011 FC 260 SummaryCollisions – Cutting of Submarine Cable – Liability – Limitation - Meaning of "Such Loss" - Insurance – Wilful Misconduct Peracomo Inc. v. Société Telus Communications, 2012 FCA 199 2011 FC 494 SummaryFederal Court Jurisdiction - Action vs Provincial Crown - In Rem Proceedings Canada v. Toney, 2012 FCA 167 2011 FC 1440 SummaryConstitutional Law - Division of Powers - Labour Relations - Stevedoring Activities Tessier Ltee. v. Quebec, 2012 SCC 23 SummaryMarine Insurance - Wreck Removal - Liability of Underwriters for Expenses - Sue and Labour Universal Sales Limited v. Edinburgh Assurance Co. Ltd., 2012 FC 418 SummaryPractice - Other Proceedings - Abuse of Process Seanautic Marine Inc. v. Jofor Export Incorporated, 2012 FC 328 SummaryIce Breaking Services Fee The "Stormont" v. Canada, 2012 FCA 93 SummaryArrest - Security - Bankruptcy of Shipowner - Return of Security Cameco Corporation v. The "MCP Altona", 2012 FC 324 SummaryCarriage of Passengers - Application of Provincial Laws Croisières Charlevoix Inc. v. Quebec, 2012 QCCS 1646 SummaryJudicial Review – Application to Strike – Port Authority Powers Adventure Tours Inc. v. St. John's Port Authority, 2012 FC 305 SummaryCanada Marine Act – Container Fee – Fair and Reasonable Shipping Fed. of Cda. v. Vancouver Fraser Port Authority, 2012 FC 301 SummaryJudgments - Stay of Execution - Set-off Calogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2012 FCA 79 SummaryCollisions – Apportionment – Vessel Engaged in Fishing Hogan v. Buote, 2012 PESC 10 SummaryPractice – Addition of Party Secunda Marine Services Ltd. v. Caterpillar Inc, 2012 NSSC 53 SummaryCosts – Abandonment of Claim – Liability of Claimant TAM International Inc. v. The " MCP Altona", 2012 FC 128 SummaryCarriage of Goods - Intermodal - Rail Carriage - Himalaya Clause - Applicable Limitation - Meaning of Package - Meaning of Bill of Lading - Sub-Bailment - Hague-Visby Rules Cami Automotive, Inc v. Westwood Shipping Lines Inc, 2012 FCA 16 2009 FC 664 SummaryLimitation of Liability - Pleasure Craft - Collisions - Interest - Passengers Buckley v. Buhlman, 2012 FCA 9 Summary |