News, Announcements, Recent Cases
Last Updated: 2014-09-17 10:03:41
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.
Summaries have been updated to end of August 2014 and I have added a paper compilation of summaries of cases between August 2013 and September 2014. The paper was presented at the Vancouver open meeting of the CMLA on 17 September 2014. That paper can be found here.
Updated: 2014-09-17 10:03:41
Developments in Canadian Maritime Law 01/2013 - 04/2014
We have completed summaries of cases decided in 2013 and the first few months of 2014. To view or download the paper containing all of the summaries go to the Papers section of the site or click here. (Note: This paper has been revised to include two cases that were omitted from an earlier version. The added cases are 2014 FC132 and 2014 FC 136 both involving Westshore Terminals Limited as plaintiff and Leo Ocean S.A. as defendant. I really do not have an excuse for omitting these cases from the first draft of the paper as I was one of the counsel in both matters.)
Updated: 2014-05-30 15:19:45
Chambers & Partners, one of the more respected directories that ranks lawyers and law firms, has again ranked Christopher Giaschi as a Band 1 lawyer in Shipping. The Chambers rankings can be found here.
L'Expert, another notable lawyer ranking service, ranks Giaschi & Margolis as a "Leading Firm" in British Columbia for Shipping and Maritime Law and ranks Christopher Giaschi as "Most Frequently Recommended". The L'Expert rankings can be found here.
Updated: 2014-03-27 10:14:57
We've added links to some new cases on the right.
Updated: 2014-01-29 13:25:05
Developments in Canadian Maritime Law 2012-2013
We have added the paper Developments in Canadian Maritime Law 2012-2013. A version of this paper was presented at the Annual Seminar of the Canadian Maritime Law Association held in Toronto on 7 June 2013. The paper contains summaries of cases decided between January 2012 and April 2013. To view/download the paper go to the Papers section of the sight or click here.
Updated: 2013-06-27 15:06:46
Summaries for cases decided in 2012 and the first quarter of 2013 are complete.
Updated: 2013-04-16 18:17:05
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
Practice - Whether agreement to accept LOU vitiated by mistake? - Can more than one sister ship be arrested?Westshore Terminals Limited v. Leo Ocean S.A. (The Cape Apricot), 2014 FCA 231 2014 FC 136 Summary
Personal Injury - Dependants Claims - Applicable Limitation Period - Bereavement Claim under Alberta StatuteToney v. Canada, 2014 ABQB 585 Summary
Passengers - Athens ConventionGaudet v. Navigation Madelaine Inc., 2014 QCCS 4106 Summary
Athens Convention - Limitation Period - Provincial Limitation Laws not Applicable - Change in legislation not given retrospective effect - No Discretion to Extend Limitation Period - Choice of Provincial Law in ContractMalcolm v. Shubenacadie Tidal Bore Rafting Park Limited, 2014 NSSC 217 Summary
Pleadings- Motion to Strike - Expiry of Limitation Period - Continuation of Earlier ActionAdventure Tours Inc. v. St. John's Port Authority, 2014 FCA 172 2012 FC 592 Summary
Judicial Sale - Depreciating AssetOffshore Interiors Inc. v. Worldspan Marine Inc., 2014 FC 625 Summary
Pleadings - Striking - In Rem Actions - Arrest - Shareholder Dispute - Federal Court JurisdictionGeneral MPP Carriers Ltd. v. SCL Bern AG, 2014 FC 571 Summary
Marine Insurance - Ship Repairer's Legal Liability - Application of Provincial Laws - "Faulty Design" Exception - Notice of Loss RequirementVerreault Navigation Inc. v. The Continental Casualty Company, 2014 QCCS 2879 Summary
Pleasure Craft Collision - Apportionment of Liability - Liability of Owner - Failure to Keep Lookout - AlcoholAtkinson (Guardian ad litem of) v. Gypsea Rose (Ship), 2014 BCSC 1017 Summary
Discovery - Privilege - Appeals - Whether Order of Prothonotary DiscretionaryWebasto (Hagedorn) v. Shasta Equities Ltd. (The Helios), 2015 FCA 135 2013 FC 101 Summary
Booking Note - Charters - Arbitration Clause - Stay of Proceedings - Appeals - Standard of ReviewComtois International Exports Inc. v. Livestock Express BV, 2014 FC 475 2013 FC 1239 Summary
Damage to Ship during Lifting Operation - Bailment - Presumption of Liability - Exclusion ClausesCapitaines Propriétaires de la Gaspésie (A.C.P.G.) Inc. v. Pêcheries Guy Laflamme Inc., 2014 FC 456 Summary
Judicial Review of Port Authority Decision Denying Application to Operate Tour Boat - Public Right of NavigationAdventure Tours Inc. v. St. John's Port Authority, 2014 FC 420 Summary
Collisions – Cutting of Submarine Cable – Liability – Limitation - Meaning of "Such Loss" - Insurance – Wilful MisconductPeracomo Inc. v. Telus Communications, 2014 SCC 29 2012 FCA 199 Summary
Collisions - Pilotage - Whether pilot with expired certificate is a licensed pilot - - Liability of Ship Owner if Pilot not licensedWestshore Terminals Limited v. Leo Ocean S.A. (The Cape Apricot), 2014 FC 132 Summary
Jurisdiction - FOB Contract of Sale - Liability of Vendor/Shipper to Indemnify Purchaser/Charterer for Demurrage and other ExpensesAK Steel Corporation v. Acelormittal Mines Canada Inc., 2014 FC 118 Summary
Substitution vs Addition of Party After Limitation Period Expiry - Applicable Limitation Period to claim by Passenger Against Repairer - s. 140 MLA and DiscoverabilitySperling v. The Queen of Nanaimo, 2014 BCSC 326 Summary
Domestic Carriage - Application of Hague-Visby Rules - Dangerous Goods - Liability of Shipper for Damage Caused to ShipOceanex Inc. v. Praxair Canada Inc., 2014 FC 6 Summary
Pleasure Craft Accident – Personal Injury – Applicable Limitation Period – Date From Which s.140 MLA Limitation Period Runs - Application of Provincial LawsG.B. v. L. Bo, 2014 QCCS 18 Summary
Construction Mortgage - Entitlement of Purchaser/Mortgagee to Return of AdvancesOffshore Interiors Inc. v. Worldspan Marine Inc., 2013 FC 1266 2013 FC 221 Summary
Stays Pending AppealByatt International SA v. Canworld Shipping Company Limited, 2013 BCCA 558 Summary
Personal Injury - Trials - BifurcationWoodbury v. Woodbury, 2013 ONSC 7736 Summary
Insolvency Proceedings - Judicial Sale of Ship -Competing Jurisdiction of Federal Court and Provincial Superior CourtRoynat Inc v. Phoenix Sun Shipping Inc, 2013 ONSC 7308 Summary
In Rem Actions - Arrest - Setting Aside - Whether Grinding Dust Damage is Damage Done by a Ship081768 BC Ltd v. The Ship Aestival, 2013 FC 899 Summary
Insolvency of Intermediate Charterer - Entitlement of Owner to Sub-FreightByatt International S.A. v. Canworld Shipping Company Limited,, 2013 BCCA 427 Summary
Federal Court Jurisdiction- Crown Immunity - Federal Court Has No Jurisdiction Over ProvinceAlberta (Canada) v. Toney, 2013 FCA 217 2012 FC 1412 Summary
Tug and Tow - Vicarious Liability of Vessel for Damage caused by Tug - Collisions - Limitation of LiabilityGrieg Shipping A/S v. Fortune Marine Ltd. (The Dubai Fortune), 2013 FCA 218 2012 FC 1110 Summary
Liens and Mortgages - Ranking of Administration Charge - CCAA Trumps Canadian Maritime LawWorldspan Marine Inc. v. Caterpillar Financial Services, 2013 BCSC 1593 Summary
Summary Judgment - Foreign Judgment - Sufficiency of Evidence - Mortgage EnforcementLakeland Bank v. The Ship Never E Nuff, 2013 FC 864 Summary
Canadian Maritime Law - Application of Provincial Statutes - Workers CompensationMarine Services International Ltd. v. Ryan Estate, 2013 SCC 44 2011 NLCA 42 Summary
Canadian Maritime Law - Application of Provincial Statutes - Sale of Vessel - Misrepresentation9171-7702 Quebec Inc. v. Canada, 2013 FC 832 Summary
Offences - Criminal Negligence - SentencingR. v. Lilgert, 2013 BCSC 1329 Summary
Jurisdiction - Sale of Property not in CanadaSDV Logistiques (Canada) Inc. v. Dieselgenset Type 8M 25, Engine No. 45085 EX the Barge Andrea, 2013 FC 671 Summary
Stays of Proceedings - Second action Pending - Setting Aside ArrestQuin-Sea Fisheries Limited v. The Broadbill I , 2013 FC 575 Summary
Jurisdiction Clauses - Stays of Proceedings - Forwarding AgentsDHL Global Forwarding (Canada) Inc. v. CMA-CGM S.A., 2013 FC 534 Summary
Carriage by Sea - Application of Hague-Visby Rules - In Rem Actions - Change of Ownership - Damage Done by a ShipThe Mercury XII (aka Wells Fargo) v. The MLT-3, 2013 FCA 96 2012 FC 738 Summary
Priorities - 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 Summary
Judicial Sales - Priorites - Costs - Procedure in Priorities DisputesCameco Corporation v. The MCP Altona, 2013 FC 177 Summary
Montreal Convention - Limitation of Liability - Requirement of NoticeDurunna v. Air Canada, 2013 ABPC 31 Summary
Judicial Review – Application to Strike – Port Authority PowersAdventure Tours Inc. v. St. John's Port Authority, 2013 FC 55 2012 FC 305 Summary
Liens - Mortgages - Priorities - Necessaries Lien - Salvage ConventionCameco Corp. v. The MCP Altona, 2013 FC 23 Summary
Assessment of Sheriff's CostsTAM International Inc. v. The MCP Altona, 2013 FC 9 2012 FC 1168 Summary
Offences – Canada Shipping Act ViolationsR. v. Ralph, 2013 NLCA 1 2011 NLTD 10 Summary