Précis: The Federal Court determined that s. 46 of the Marine Liability Act does not apply to waybills or other similar shipping documents.
Full SummaryBritish Columbia Ferry and Marine Workers’ Union v. Canada (Transport), 2022 FC 209
Précis: The Federal Court confirmed Transport Canada’s decision to issue a safe manning document specifying the minimum crew compliment for two ferries was reasonable.
Full SummaryFennelly v. Lloyd's Underwriters, 2021 NLSC 160
Précis: The Supreme Court of Newfoundland and Labrador dismissed a claim against the defendant insurer for want of prosecution.
Full SummaryR v. White, 2021 PESC 35
Précis: The Supreme Court of Prince Edward Island found the accused operator of a fishing vessel guilty for lesser included offences of dangerous operation of a vessel causing death.
Full SummaryCarnival Corporation v. Vancouver Fraser Port Authority, 2021 BCSC 643
Précis: The British Columbia Supreme Court permitted portions of a deceased master’s discovery evidence to be admitted at trial.
Full SummaryDavy Global Fund Management Limited v. Michele Bottiglieri Armatore S.p.A., 2021 FC 789
Précis: The Federal Court dismissed a motion for release of an arrested vessel without bail.
Full SummaryArc-En-Ciel Produce Inc. v. MSC Belle (Ship) 2020 FC 23, 2020 FC 23, 2021 FCA 70
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 SummaryKreig v. Shallon Marine Service, 2021 BCSC 670
Précis: The Supreme Court of British Columbia held that a portion of a marine survey report on engine failure analysis was covered by litigation privilege.
Full SummaryO'Leary v. Ragone, 2021 FC 185
Précis The Federal Court denied granting an order for production of provincial police and crown information relating to a high-profile vessel collision.
Full SummaryKnight v. Black, 2021 BCSC 19
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