Précis: The Supreme Court of Newfoundland and Labrador dismissed a claim against the defendant insurer for want of prosecution.
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
Summary not yet available.
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 SummaryKrieg v. Shallon Marine Service, 2021 BCSC 670
Précis: The BC Supreme Court held that the redacted portion of a marine engine survey was not covered by litigation privilege.
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 SummarySperling v. Queen of Nanaimo, 2020 BCSC 1852
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 SummaryUnited Yacht Transport LLC v. Blue Horizon Corporation, 2020 FC 1067
Précis The Federal Court found the defendants liable for unpaid fees owing to the plaintiff yacht transporter.
Full SummaryBlackwell v. Genier, 2020 ONSC 1170
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 SummaryCanadian Maritime Workers Council v. Canada (Attorney General), 2020 FC 177
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.
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