News, Announcements, Recent Cases
Last Updated: 2013-09-30 10:05:57
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.
Justice Marc Nadon Nominated to SCC
On 30 September 2013 the Prime Minister's office announced that The Honourable Justice Marc Nadon, currently a member of the Federal Court of Appeal, has been nominated to the Supreme Court of Canada. Justice Nadon is well known to the maritime law community and we congratulate him on his nomination.
Updated: 2013-09-30 10:05:57
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
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
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
Federal Court Jurisdiction- Crown Immunity - Federal Court Has No Jurisdiction Over ProvinceAlberta v. Toney, 2013 FCA 217 2012 FC 1412 Summary
Liens and Mortgages- Ranking of Administration ChargeWorldspan 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
Offences- Criminal Negligence - SentencingR. v. Lilgert, 2013 BCSC 1329 Summary
Jurisdiction - Sale of Property not in CanadaSDV Logiostiques (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” 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
Construction Mortgage - Entitlement of Purchaser/Mortgagee to Return of AdvancesOffshore Interiors Inc. v. Worldspan Marine Inc., 2013 FC 221 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
Discovery - Privilege - Appeals - Whether Order of Prothonotary DiscretionaryHagedorn v. The "Helios", 2013 FC 101 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
Carriage of Goods - Arbitration Clause - Stay of Proceedings - Application of s.46 MLA to CharterpartiesT. Co. Metals LLC v. The Federal Ems, 2012 FCA 284 2011 FC 291 Summary
Offences - Dangerous Operation of a Vessel Causing DeathR v. Escott, 2012 BCSC 1922 Summary
Marine Insurance - Wreck Removal - Damages - Interest - CostsUniversal Sales Limited v. Edinburgh Assurance Co. Ltd., 2012 FC 1192 Summary
Federal Court Jurisdiction over Provincial Crown – Practice – Pleadings - Motion to StrikeShip Source Oil Pollution Fund v. British Columbia (Finance), 2012 FC 725 Summary
Right of Rail Carrier to Limit Liability - Application of Liability Limits to Cargo OwnerMitsubishi Heavy Industries Ltd. v. Canadian National Railway Company,, 2012 BCSC 1415 Summary
Tug and Tow - Vicarious Liability of Vessel for Damage caused by Tug - Collisions - Limitation of LiabilityGrieg Shipping A/S v. The "Dubai Fortune", 2012 FC 1110 Summary
Costs – Offer to Settle - Set-offCalogeras & Master Supplies Inc v. Ceres Hellenic Shipping Enterprises Ltd., 2012 FCA 244 2011 FC 1276 Summary
Offences - Dangerous Operation of a VesselR v. Kerr, 2012 BCSC 1311 Summary
Limitation of Liability - Jurisdiction - Concurrent Cases - Stay of Limitation Proceedings - Establishment of Limitation Fund - Enjoining Superior CourtSiemens Canada Limited v. J.D. Irving, Limited, 2012 FCA 225 2011 FC 791 Summary
Tubing Accident - Summary Judgment -LiabilityWoodbury v. Hamilton, 2012 ONSC 4817 Summary
Marine Insurance – Cargo All Risks - Fortuity - Burden of Proof – Sufficiency of PackingFeuiltault Solution Systems Inc. v. Zurich Canada, 2012 FCA 215 2011 FC 260 Summary
Collisions – Cutting of Submarine Cable – Liability – Limitation - Meaning of "Such Loss" - Insurance – Wilful MisconductPeracomo Inc. v. Société Telus Communications, 2012 FCA 199 2011 FC 494 Summary
Federal Court Jurisdiction - Action vs Provincial Crown - In Rem ProceedingsCanada v. Toney, 2012 FCA 167 2011 FC 1440 Summary
Constitutional Law - Division of Powers - Labour Relations - Stevedoring ActivitiesTessier Ltee. v. Quebec, 2012 SCC 23 Summary
Marine Insurance - Wreck Removal - Liability of Underwriters for Expenses - Sue and LabourUniversal Sales Limited v. Edinburgh Assurance Co. Ltd., 2012 FC 418 Summary
Practice - Other Proceedings - Abuse of ProcessSeanautic Marine Inc. v. Jofor Export Incorporated, 2012 FC 328 Summary
Ice Breaking Services FeeThe "Stormont" v. Canada, 2012 FCA 93 Summary
Arrest - Security - Bankruptcy of Shipowner - Return of SecurityCameco Corporation v. The "MCP Altona", 2012 FC 324 Summary
Carriage of Passengers - Application of Provincial LawsCroisières Charlevoix Inc. v. Quebec, 2012 QCCS 1646 Summary
Judicial Review – Application to Strike – Port Authority PowersAdventure Tours Inc. v. St. John's Port Authority, 2012 FC 305 Summary
Canada Marine Act – Container Fee – Fair and ReasonableShipping Fed. of Cda. v. Vancouver Fraser Port Authority, 2012 FC 301 Summary
Judgments - Stay of Execution - Set-offCalogeras & Master Supplies Inc. v. Ceres Hellenic Shipping Enterprises Ltd., 2012 FCA 79 Summary
Collisions – Apportionment – Vessel Engaged in FishingHogan v. Buote, 2012 PESC 10 Summary
Practice – Addition of PartySecunda Marine Services Ltd. v. Caterpillar Inc, 2012 NSSC 53 Summary
Costs – Abandonment of Claim – Liability of ClaimantTAM International Inc. v. The " MCP Altona", 2012 FC 128 Summary
Carriage of Goods - Intermodal - Rail Carriage - Himalaya Clause - Applicable Limitation - Meaning of Package - Meaning of Bill of Lading - Sub-Bailment - Hague-Visby RulesCami Automotive, Inc v. Westwood Shipping Lines Inc, 2012 FCA 16 2009 FC 664 Summary
Limitation of Liability - Pleasure Craft - Collisions - Interest - PassengersBuckley v. Buhlman, 2012 FCA 9 Summary