Précis: The Federal Court of Appeal found the Federal Court erred in applying the “strong cause” test to a claim under s. 46 of the Marine Liability Act.Full Summary
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.
This site is maintained by Darren Williams and Robert Anderson of LeagueLaw.com. The Fisheries Pages are maintained by Brad Caldwell of Caldwell & Co. Please contact us with your comments or suggestions.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Précis: The BC Supreme Court held that the defendant was entitled to limit its liability under the Athens Convention as the injured plaintiff was a “passenger”.Full Summary
Précis: The BC Supreme Court could not determine in a summary trial if suppliers of a ferry propulsion system were “agents or servants” of a carrier for the purposes of the Athens Convention, holding it required a full trial to do so.Full Summary
Précis The Federal Court found the defendants liable for unpaid fees owing to the plaintiff yacht transporter.Full Summary
Précis: The definition of “navigable water” in the Canadian Navigable Waters Act has replaced the common law test of navigability that the waterway must be part of an aqueous highway.Full Summary
Précis: The Federal Court rejected Charter arguments where the same arguments had been determined by a higher Court and the arguments were not based on enumerated or analogous grounds.Full Summary
Précis: The Federal Court found that standby activities of a vessel in Canadian waters were marine activities of a commercial nature and a violation of Canadian cabotage laws.Full Summary
Précis: The Federal Court of Appeal dismissed an appeal of a decision of the Federal Court which found that a claim brought against a freight forwarder and preforming carrier was subject to a 9 month limitation period and therefore time barred.Full Summary
Précis: The Ontario Court of Justice held that valid provincial law applied to unloading activities of a stevedoring company operating on federal property.Full Summary
Précis: The Supreme Court of Newfoundland and Labrador held the defendant insurer did not have to cover a loss from an excluded risk that was incorporated by reference to the original insuring agreement.Full Summary