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Canadian Maritime Law, Admiralty Law and Shipping Law

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Company - Dissolution - Restoration - Wharf - Without Prejudice

British Columbia v. The Administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232

In Appeals, Pollution (Ship Source) on June 26, 2019 (Updated July 01, 2019)

Précis: The B.C. Court of Appeal affirmed the decision of the lower Court to restore a company without prejudice to rights acquired in the interval between dissolution and restoration.

Full Summary
Oil - Pollution Damage - Seaworthy - Tow - Vessel

Beasse v. Canada, 2019 FC 768

In Tug and Tow on May 31, 2019 (Updated December 01, 2019)

Précis: The Federal Court dismissed a claim against the Canadian Coast Guard for loss of a vessel during a tow operation it organized.

Full Summary
Beaching stake - Houseboats - Mooring Line - Mooring Rope - Standard of Care

Oddy v. Waterway Partnership Equities Inc., 2019 BCCA 185

In Appeals, Personal Injury and Maritime Law on May 21, 2019 (Updated June 07, 2019)

Précis: The British Columbia Court of Appeal dismissed an appeal against a finding by the trial judge that the owner of a houseboat met the standard of care in connection with injuries caused by a snapped mooring stake and rope.

Full Summary
Berthage - Boat - Irreparable Harm - Preserver - Wharf Facility

Fulford v. Harbour Authority of Placentia Area (Placentia Area Harbour Authority), 2019 NLSC 99

In Docks Wharves and Marinas, Injunctions on May 10, 2019 (Updated May 20, 2019)

Précis: The Supreme Court of Newfoundland and Labrador dismissed an application for moorage and access to the defendant wharf.

Full Summary
Boat - Helm - Ordinary mariner - Sailboat - Vessel

Diep v. Wuolle, 2019 BCCRT 541

In Other Practice Topics, Salvage and Wrecks on May 7, 2019 (Updated July 01, 2019)

Précis: The B.C. Civil Resolution Tribunal dismissed a claim for damages for repair of a sailboat that struck some rocks.

Full Summary
Affidavit - Priorities - Proceeds - Reallocation - Rem

Offshore Interiors Inc. v. Worldspan Marine Inc., 2019 FC 546

In Admiralty Practice, Judicial Sales on April 30, 2019 (Updated June 21, 2019)

Précis: The Federal Court refused to reallocate the priority of claims against proceeds of sale of a vessel.

Full Summary
Athens Convention - Illness - Jurisdiction - Minor

Racette v. Norwegian Cruise Line, 2019 QCCQ 3817

In Carriage of Passengers by Sea on March 29, 2019 (Updated July 04, 2019)

Précis: Athens Convention claims cannot be heard in a jurisdiction where the carrier does not have a place of business in that same jurisdiction.

Full Summary
Bill of Lading - Completed - Container Yard to Container Yard - Obligations

Black & White Merchandising Co. Ltd. v. Deltrans International Shipping Corporation, 2019 FC 379

In Admiralty Jurisdiction, Pleadings on March 27, 2019 (Updated April 06, 2019)

Précis: The Federal Court lacked jurisdiction to hear a claim subsequent to completion of the obligations under a bill of lading.

Full Summary
Application - Decision-maker - Marina - Mooring buoys

Trainor-Degirolamo v. British Columbia, 2019 BCSC 430

In Docks Wharves and Marinas, Other Practice Topics on March 26, 2019 (Updated March 30, 2019)

Précis: The British Columbia Supreme Court dismissed a challenge of the approval of a licence of occupation for a private marina.

Full Summary
duties - evade - imported - mens rea - Vessel

R v. Woodward, 2019 BCPC 39

In Admiralty Practice on March 15, 2019 (Updated March 27, 2019)

Précis: The B.C. Provincial Court found the accused guilty of a vessel importation offence.

Full Summary
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    • Summaries By Topic
      • Admiralty Jurisdiction
      • Admiralty Practice
        • Appeals
        • Arbitration/Jurisdiction Clauses in Maritime Law
        • Costs and Security for Costs
        • Discovery
          • Delay and Time Extensions
        • Experts and Expert Evidence
        • In Rem Actions and Arrest
        • Injunctions
        • Parties
        • Pleadings
        • Service
        • Stays of Proceedings
        • Other Practice Topics
      • Carriage of Goods by Sea
      • Carriage of Goods by Road/Rail
      • Carriage of Goods by Air
      • Carriage of Passengers by Sea
      • Charters of Ships
      • Collisions and Ships
      • Constitutional Issues in Maritime Law
      • Docks Wharves and Marinas
      • Fisheries Law
      • Immigration and Shipping
      • Maritime Liens, Mortgages & Priorities
      • Limitation Periods in Maritime Law
      • Limitation of Liability in Maritime Law
      • Marine Insurance
      • Miscellaneous Maritime Law Topics
      • Offences in a Marine Context
      • Personal Injury and Maritime Law
      • Pollution (Ship Source)
      • Salvage and Wrecks
      • Ship Building and Repair
      • Judicial Sales
      • Ship Suppliers
      • Tug and Tow
    • Home / Recent Cases
    • Commentaries by Topic
    • Statutes and Regs
    • Select Papers
    • Search
    • Fisheries Law
      • Recent Fisheries Cases
      • Fisheries Papers & Articles
      • Fisheries Topics
        • Aboriginal Rights/Defences
        • Constitutional Cases
        • Contracts
        • Due Diligence
        • Employment Law
        • Fisheries Practice
        • Judicial Review/Crown Liability
        • Miscellaneous
        • Offences
          • By Licence Holders and Employers
          • Due Diligence
          • Fishing Prohibitions
          • Forfeiture
          • Miscellaneous
          • Officially Induced Error
          • Sanctions
          • Search and Seizure
          • Variation Orders
        • Riparian Rights
        • Taxation
        • Torts
    • Terms of Use
    • Links