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 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.
Full SummaryGlobal Marine Systems Ltd. v. Canada (Transport), 2020 FC 414
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 SummaryR. v. Great Lakes Stevedoring Company Ltd., 2019 ONCJ 895
Précis: The Ontario Court of Justice held that valid provincial law applied to unloading activities of a stevedoring company operating on federal property.
Full SummaryMidnight Marine Limited v. Aviva Insurance Company of Canada, 2019 NLSC 228
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 SummaryHer Majesty the Queen v B & B Barges Ltd., 2019 BCSC 2160
Précis: The Supreme Court of British Columbia granted an interlocutory injunction against two barges located on Crown land.
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