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. There are over 1,000 cases in our database which we have summarized and categorized. In addition, we have commentaries and papers on various topics of maritime and fisheries law and links to relevant statutes and regulations.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Sister Ship Arrest
I have added a paper entitled Sister Ship Arrest in the Federal Court of Canada: A Wreck in Need of Salvage. This paper considers the cases involving sister ship arrest and exposes what the author believes is a fundamental problem with s. 43(8) of the Federal Courts Act and Rule 481(2)(e).
Updated: 2016-11-23 16:55:41
Chambers and Lexpert Rankings
We are pleased to announce that Giaschi & Margolis is ranked as a Band 2 firm by Chambers & Partners in Shipping Law for Canada and Christopher Giaschi is ranked as a Band 1 lawyer. In the latest Lexpert Rankings, Giaschi & Margolis is ranked as a "Consistently Recommended" firm for Shipping and Maritime Law in British Columbia and Christopher Giaschi is ranked as the "Most Frequently Recommended" lawyer.
Updated: 2016-10-04 10:11:31
Updated Summaries and Paper
Case summaries have been updated to end of May 2016. I have also added the paper presented at the Canadian Maritime Law Association Seminar held in Halifax on 17 June 2016 which compiles all decisions rendered between January 2015 and May 2016. The paper can be accessed here.
Updated: 2016-06-22 13:45:04
I have updated the case summaries which now include all decisions decided in 2015 and decisions rendered in January and February 2016.
Updated: 2016-03-01 10:00:10
New Paper Added
I have added a paper I presented at the 2015 Fall Conference of the Canadian Board of Marine Underwriters at Toronto on 5 December 2015. The paper is entitled Select Developments in the Law of Marine Insurance and Maritime Law and can be found Here. (After clicking the link you may need to refresh the page.)
Updated: 2015-12-07 09:35:41
Whale Watching Vessel "Leviathan II" Sinks off Tofino
The whale watching vessel "Leviathan II" sank off Tofino on Sunday 25 October 2015. There were reportedly 27 people on board. There are 5 confirmed fatalities and one missing person who is presumed dead. The event has been widely reported (see for example Vancouver Sun or CBC News). If you are interested in the legal regime that governs such incidents, please see the Commentary on Carriage of Passengers by Sea on this page.
Updated: 2015-10-27 11:39:16
Canada-European Union: Comprehensive Economic and Trade Agreement (CETA)
The Canada-European Union: Comprehensive Economic and Trade Agreement (CETA) is of interest to Canadian marine industries as it will mean some important changes to coasting trade rules.Specifically, CETA will allow non-Canadian vessels to engage in commercial dredging operations and container feeder traffic within Canada. The text of the Agreement can be found here. (See Articles 16, 21 and Annex X-06)
Updated: 2015-07-16 16:28:20
TC Discussion Paper - Wreck Removal
Transport Canada has released a new discussion paper relating to wreck removal and is seeking input from interested persons as to the proposed Canadian adoption of the Nairobi Wreck Removal Convention and the development of special Canadian rules to augment the convention. The discussion paper can be found here.
Updated: 2015-07-13 17:17:41
Paper 01/2014-05/2015 Cases
The annual paper containing case summaries has now been added to the "Papers" section. This paper was presented at the Professor William Tetley Memorial Symposium held in Montreal on 19 June 2015. The paper can be downloaded here.
Updated: 2015-06-20 10:36:02
New Limitation Amounts as of 8 June 2015
As of 8 June 2015 new limitation amounts under the Convention on Limitation of Liability for Maritime Claims as amended by the Protocol of 1996 (LLMC) will come into force. The new limitation amounts are approximately 50% greater than the previous amounts and were adopted by the IMO pursuant to the "tacit amendment" procedure in the 1996 Protocol. The Regulation (SOR/2015-98) giving effect to the new amounts can be found at http://gazette.gc.ca/rp-pr/p2/2015/2015-05-20/html/sor-dors98-eng.php or by clicking here. The table of limitation amounts in the commentary on Limitation of Liability has been updated to reflect the changes.
Updated: 2015-06-04 09:27:34