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.
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
New and Updated Summaries
Summaries have been completed to the end of May 2015.
Updated: 2015-06-03 15:33:47
Tug and Tow Commentary
We have added a new commentary relating to the law of towage.
Updated: 2015-04-26 11:09:13
Nairobi Wreck Removal Convention In Force
The Nairobi Wreck Removal Convention entered into force on 14 April 2015. Canada is not a party to the convention but Transport Canada has recommended Canada adopt it. The parties to the convention as of 14 April 2015 are Antigua and Barbuda, Bulgaria, Congo, Cook Islands, Denmark, Germany, India, Iran (Islamic Republic of), Liberia, Malaysia, Marshall Islands, Morocco, Nigeria, Palau, and the United Kingdom.
Updated: 2015-04-24 12:03:09
Chambers and Lexpert Rankings
We are pleased to announce that once again Christopher Giaschi is ranked by Chambers & Partners as a "Band 1" lawyer in Shipping Law for Canada. Band 1 is the highest ranking. Chris is also ranked as "Most Frequently Recommended" for Shipping and Maritime Law in British Columbia in the Lexpert Rankings and Giaschi & Margolis, as a firm, is ranked as "Frequently Recommended".
Updated: 2015-04-17 16:19:20
We have now summarized all cases decided in 2014. We have also added links and keywords for cases decided in 2015 and reported thus far.
Updated: 2015-04-16 17:36:33