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Paper on Recent Amendments to the Marine Liability Act under Bill C-7 We recently prepared a paper, "Bill C-7 Amendments to the Marine Liability Act", for presentation to the Vancouver Maritime Arbitrators Association on 28 January 2010. Please click here for a copy of the paper. Bunkers Convention and Supplementary Fund Protocol in Force on 2 January 2010 The International Convention on Civil Liability for Bunker Oil Pollution Damage and the Supplementary Fund Protocol 1992 to the International Convention on Civil Liability for Oil Pollution Damage, 1969 (as enacted by amendments to the Marine Liability Act (Bill C-7) and ratified by Canada on 2 October 2009) will come into force in Canada on 2 January 2010. For more information, go here. For some FAQs on the Bunker Convention, go here. Lexpert Recognizes Giaschi & Margolis According to the Canadian Legal Lexpert Directory Survey of 2009, Giaschi & Margolis is "Consistently Recommended" as a leading law firm in the area of Shipping and Maritime Law in British Columbia and Chris Giaschi is the most frequently recommended maritime and shipping lawyer in British Columbia. Limitation Periods We have updated the page on Limitation/Prescription periods to reflect the new general limitation period of three years enacted by s. 140 of the Marine Liability Act. The three year period applies to claims governed by Canadian maritime law and for which there is not a specifically prescribed federal limitation period. Parliamentary Report on the Hamburg (and Rotterdam) Rules Transport Canada has released its Report to Parliament on the Hamburg Rules (which also deals with the new Rotterdam Rules). The report can be found here. Welcome - New Associate Giaschi & Margolis is pleased to announce that Sonja Mills has joined the firm as an associate. Her curriculum vitae can be viewed here. Marine Liability Act Amendments Bill C-7 which implemented amendments to the Marine Liability Act received Royal Assent on 23 June 2009. The Media Release summarizing the amendments can be found here. The full text of the consolidated Act can be found here. Navigable Waters Protection Act Bill C-10 contain various amendments to the Navigable Waters Protection Act. Those amendments can be found here. Rotterdam Rules The Rotterdam Rules, the new Convention for the International Carriage of Goods Wholly or Partly by Sea, were signed in Rotterdam on 23 September 2009. Canada has not signed the convention. Transport Canada has prepared an Information Paper on the new Convention which can be found here. 2008 Summaries The paper Developments in Canadian Maritime Law 2007-2008 is now available for download here. The paper also includes a synopsis of the truly significant developments for those who like the readers digest versions. The various pages of the site have been updated with the new summaries.
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2010 Cases2009 CasesPractice - In Rem Actions - Arrest - setting aside Morecorp Holdings Ltd. v Island Tug & Barge Ltd., 2009 BCSC 1614 Carriage of Goods - Liability for Storage Charges American Transport Logistics v Kobi Group Inc., 2009 CanLii 65798 Practice - Formal Offer to Settle More Marine Ltd. v The "Western King", 2009 BCSC 504 Air Carriage - Passengers - Montreal Convention - Damages for Mental Anguish Lukacs v United Airlines, 2009 MBCA 111 Road Carriage - Fundamental Breach - Limitation of Liability Exalta Transport Corp. v. C & A Industries Inc., 2008 ABQB 63 Road Carriage - Dangerous Goods Ridsdale Transport Ltd. v. Transwest Air, 2009 SKQB 380 Rail Carriage - Demurrage Railink v Fedmar Limited, 2009 ONSDC 08-031 Carriage of Passengers - Athens Convention - Jurisdiction Clause Nicolazzo v Princess Cruises, 2009 ONSCDC 08-82 Carriage of Goods - Liability for Freight Cargo Dynamics Logistics Inc. v. Apex Micro Manufacturing Corp., 2009 BCSC 832 Carriage of Household Goods - Limitation of Liability Franklin v U Haul Co. (Canada) Ltd., 2009 SKPC 9 Carriage of Household Goods - Limitation of Liability - Aggravated Damages Wepruk v Great Canadian Van Lines Ltd., 2009 BCPC 0183 Fatal Injury - Damages McDonald v The "Queen of the North", 2009 BCSC 1129 Fatal Injury - Infants - "In Camera" - Damages McDonald v The "Queen of the North", 2009 BCSC 646 Personal Injury - Psychological Injury Kotai v The "Queen of the North", 2009 BCSC 1604 Harbour Dues - Unlawful Tax Algoma Central Corporation v. Canada, 2009 FC 1287 Carriage of Goods - Freight Forwarder - Multimodal- non-payment of freight - "Freight Pre-Paid" Bills of Lading H. Paulin & Co. Ltd. v. A Plus Freight Forwarder Co. Ltd., 2009 FC 727Ownership - Matrimonial Dispute - Sale Ricci v. Tully, 2009 FC 493 Carriage of Goods - Intermodal - Rail carriage - Himalaya Clause - Applicable limitation Cami Automotive, Inc. v. Westwood Shipping Lines Inc., 2009 FC 664 (CanLII)Canadian Maritime Law - Application of Provincial Statutes - Workers Compensation Ryan Estate v. Universal Marine, 2009 NLTD 120 Fatal Accident - Limitation Periods - Application of Provincial Statutes Frugoli c. Services Aériens des cantons de L'Est inc., 2009 QCCA 1246 Ship Repair - Negligence - Exclusion Clauses - Summary Trial 656925 B.C. Ltd. v. Cullen Diesel Power Ltd., 2009 BCSC 260Carriage of Goods - Deck Carriage - Application of Hague-Visby Rules Allianz Global Risks US Insurance Company c. Moosonee Transportation Ltd., 2009 QCCQ 7569Collisions - Ship at Moorage - Liability – Damages - Betterment - Expert’s Reports -Representative Proceedings Laichkwiltach Enterprises Ltd. v. F/V Pacific Faith (Ship), 2009 BCCA 157 (additional reasons 2009 BCCA 308), aff'g in part 2007 BCSC 1852, additional reasons 2008 BCSC 282Ship building - Government Procurement – Standing Irving Shipbuilding Inc. v. Canada (Attorney General), 2009 FCA 116 affirming 2008 FC 1102Carriage of Goods - Limitation Period - Counterclaim Hapag-Lloyd
Container Linie GmbH v. Moo Transport &
Commodities Inc., 2009
FC 201 Admiralty Practice - In Rem Actions - Arrest Dragage Verreault Inc. v The M/V "Atchafalaya", 2009 FC 273Carriage of Goods - Deck Carriage - Marine Insurance - Waiver of Subrogation - 3rd parties Timberwest Forest Corp. v. Pacific Link Ocean Services Corporation, 2009 FCA 119 affirming 2008 FC 801 marine Insurance - Subrogation - Control of action Hodder Tugboat Co. Ltd. v. JJM Construction Ltd., 2009 FC 161 Marine Insurance - Discovery - Privilege Universal Sales Limited v. Edinburgh Assurance Co. Ltd., 2009 FC 150 and 2009 FC 151 Canadian Maritime Law - Application of Provincial Statutes - Occupational Health and Safety Jim Pattison Enterprises v. Workers' Compensation Board, 2009 BCSC 88 (summary) Supply of goods and services Sealand Marine Electronics v. Lukey’s Boat (Ship), 2009 FC 32(summary)
2008 CasesFatal Accident - Athens Convention - Availability of Punitive and Aggravated Damages McDonald v. Queen of the North (Ship), 2008 BCSC 1777 (summary) Canadian Maritime Law - Application of Provincial Statutes - Occupational Health and Safety R. v. Mersey Seafoods Ltd., 2008 NSCA 67 (summary) Collision - Personal Injury - Limitation of Liability Gundersen v. Finn Marine Ltd., 2008 BCSC 1665 (summary) Collisions - Investigations - Transportation Safety Board - Release of seized data British Columbia Ferry Services Inc. v. Canadian Transportation Accident Investigation & Safety Board 2008 BCCA 40 (summary) Carriage - Freight - set off - jurisdiction - Ciffa Terms Locher Evers International v. Canada Garlic Distribution Inc. 2008 FC 319 (summary) Ship Repair – Unconscionable transaction – Quantum Meruit Nanaimo Shipyard Ltd. v. Keith 2008 BCSC 1150 (summary) Mortgages - Priorities - Application of Provincial Statutes Royal Bank v. 1132959 Ontario Ltd. 2008 CanLii 40231 (summary) Collision - Fatal Injury - criminal negligence - dangerous operation of a vessel R. v. MacKay, 2008 NSPC 8 (summary) Pollution - discharge from Vessel - Offence Newfoundland Recycling v. Her Majesty the Queen (Attorney General for Canada), 2008 NLTD 38 (summary) Personal Injury - Duty of Care - Damages Wozniak v. Alexander, 2008 ABQB 430 (summary) Fatal Accident - Juries - Severance of issues Kotai v. Queen of the North (Ship), 2008 BCSC 1398 (summary) Collision - Failure to give way - Contributory Negligence Vogelsang v. Vandale 2008 SKPC 137 (summary) Carriage – Contract of Affreightment – Negotiations – Essential Terms - damages Catalyst Paper Corp. v. Companhia de Navegação Norsul , 2008 BCCA 336 (summary) Carriage - Freight - interpleader Rio Tinto Shipping (Asia) Pte Ltd. v. Korea Line Corporation, 2008 FC 1376, (summary) Priorities - Necessaries suppliers - applicable law Kent Trade and Finance Inc. v. JPMorgan Chase Bank, 2008 FCA 399, (summary) rail carriage - damage- applicable tariff - limitation Alstom Canada Inc. v. Canadian National Railway Company, 2008 FC 1311, (summary) Pollution - adequacy of compensation Canada v. Ship-source Oil Pollution Fund, 2008 FC 1094, (summary) Ship building - Government Procurement - Standing Irving Shipbuilding Inc. v. Canada (Attorney General), 2008 FC 1102, (summary) Judgement - Collection - Garnishment Morgan v. Guimond Boats Limited, 2008 FC 1004, (summary) Ship building - Extras D’Eon Boatbuilding Limited v. Thankful Too Family Fisheries Inc., 2008 FC 923, (summary) Carriage of Goods - Deck Carriage- Marine Insurance - Waiver of subrogation - 3rd parties Timberwest Forest Corp. v. Pacific Link Ocean Services Corporation, 2008 FC 801, (summary) Carriage of Goods - Stay of Proceedings - s.46 M.L.A. Mitsui O.S.K. Lines Ltd. v. Mazda Canada Inc., 2008 FCA 219, (summary) Fatal Accident - Damage Assessment Wilcox v. Miss Megan (Ship), 2008 FC 506, (summary) Multi-modal – Bailment on Terms – Himalaya Clause – Rail Carriage – s.137 Canadian Transportation Act Boutique Jacob Inc. v Pantainer Ltd., 2008 FCA 85 (summary) Breach of Collision Regulations - Due Diligence R. v. Bridle, 2008 BCPC 52 (summary) Pollution - Deposit of deleterious substance - Sentence Newfoundland Recycling v. Her Majesty the Queen (Attorney General for Canada), 2008 NLTD 38 (summary)
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