Précis: The B.C. Supreme Court held that a second notice of appeal could be served on counsel for the defendant ship as personal service on the defendant ship was not realistically available to the Crown.
Full SummaryMackenzie v. Canada (Transportation Safety Board), 2019 FCA 39
PrĂ©cis: The Federal Court of Appeal held a notice requesting information of passengers on board a vessel that touched bottom was a reasonable use of the TSB’s statutory powers.
Full SummaryR. v. M/V Marathassa, 2019 BCPC 13
Précis: The Provincial Court of British Columbia acquitted the defendant ship of all charges in relation to a discharge of oil from the ship in April 2015.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Dodds, 2019 FC 146
Précis: The Federal Court granted summary judgment in favour of the plaintiff against the registered owner defendant, despite the vessel being under arrest at the time of sinking.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Dodds, 2019 FC 144
Précis: The Federal Court granted summary judgment in favour of the plaintiff against the registered owner defendant.
Full SummarySteveston Harbour Authority v. Medanic Fisheries Ltd., 2019 BCSC 304
PrĂ©cis: The B.C. Supreme Court found the defendant ships were trespassing and causing a nuisance and ordered for their removal from the plaintiff’s property.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Dr. Jim Halvorson Medical Services Ltd., 2019 FC 35
Précis: The Federal Court held that the registered defendant owner was not liable for oil spill clean up costs as it was not the the legal owner of the vessel at the time of sinking.
Full SummaryTD General Insurance Company v. Intact Insurance Company, 2019 ONCA 5
PrĂ©cis: The Ontario Court of Appeal found that two insurers, both having identical "other insurance clauses", each had to share the cost of the injured party’s claim.
Full SummarySouth Coast British Columbia Transportation Authority v. BMT Fleet Technology Ltd., 2018 BCCA 468
Précis: The British Columbia Court of Appeal held that multi-party arbitration relating to three marine design and construction contracts could not be commenced by a single notice to arbitrate.
Full SummaryR v. Sillars, 2018 ONCJ 816
Précis: The Ontario Court of Justice held that the definition of "vessel" when used in ss. 253(1)(a), 253(1)(b) and 249(1)(b) of the Criminal Code is inclusive of a canoe.
Full Summary