Prećis: The Federal Court set bail for release of a ship and ordered security for costs relating to a charter dispute that was subject to London Arbitration.
Full SummaryProvincial Holdings Limited / Gestion Provincial Limitée v. Océan Nouveau-brunswick Inc., 2019 FC 1567
Précis: A claim for breach of a personal obligation can be advanced in rem provided the Court has jurisdiction.
Full SummaryDesgagnés Transport Inc. v. Wärtsilä Canada Inc., 2019 SCC 58
Précis: The Supreme Court of Canada held that provincial law, and not Canadian maritime law, governed the sale of a marine engine crankshaft.
Full SummaryR. v. DP World Prince Rupert Inc., 2019 BCPC
Précis: The British Columbia Provincial Court allowed an application in part for disclosure of records held by the Department of Fisheries and Oceans.
Full SummaryR. v. Vansickle, 2019 ONCJ 777
Précis: The Ontario Court of Justice held that evidence gathered from the operator of a pleasure craft was inadmissible and a breach of the operator’s Charter rights.
Full SummaryRoyal Bank of Canada v. Seamount Marine Ltd., 2019 FC 1043
Précis: The Federal Court stayed proceedings after an equitable mortgagee failed to appeal its unsecured status by a the trustee in bankruptcy.
Full SummaryNirint Inc. (Nirint Canada) v. Mega Throphy Ltd, 2019 FC 1015
Précis: The Federal Court held a ship’s agent was to be reimbursed for expenses personally paid to correct deficiencies in the ship.
Full SummaryKirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009
Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.
Full SummaryWorldspan Marine Inc. v. Sargeant, 2019 FCA 207
Précis: The Federal Court of Appeal allowed a motion to vary the allocation of proceeds of sale from a vessel.
Full Summary