Précis: A provincial court may defer to the Federal Court to adjudicate existing in rem claims against a bankrupt.
Full SummaryMercedes-Benz Financial Services Canada Corp. v. Maersk Line A/S, 2018 FC 1119
Précis: The Federal Court dismissed a motion for injunctive relief when the applicant failed to satisfy the legal test thereof.
Full SummaryATS Automation Tooling Systems Inc. v. Chubb Insurance Company of Canada, 2018 ONSC 6139
Précis: The Ontario Superior Court of Justice refused a motion to temporarily stay domestic proceedings where the same dispute was on-going and subject to final arbitral decision in India.
Full SummaryBBC Chartering Carriers GMBH & CO. KG v. Openhydro Technology Canada Limited, 2018 FC 1098
Précis: The Federal Court granted default judgment in favour of the plaintiff and ordered the sale of the in rem defendant cargo, a Turbine Control Centre.
Full Summary2955-9820 Québec Inc. v. Construction Navale Atlantique Inc., 2018 FC 1079
Précis: The Federal Court awarded default judgment for damages caused by a negligently designed and constructed marine engine when the defendant did not file and serve a statement of defence.
Full SummarySt. Lawrence Seaway Management Corporation v. BBC Lena (Vessel), 2018 FC 1026
Précis: The Federal Court held that the plaintiff was entitled to recover losses for repair of a bridge under its operation and management that was struck by the defendants’ ship.
Full SummaryGraymar Equipment (2008) Inc. v. Cosco Pacific Shipping Ltd., 2018 FC 974
Précis: The Federal Court ordered the defendant to pay damages arising from a collision between their moving container ship and a stationary scow.
Full SummaryCanpotex Shipping Services Limited v. Marine Petrobulk Ltd., 2018 FC 957
Précis: The Federal Court found that the sale of marine bunkers was subject to the standard terms and conditions of the defendant supplier where no objection to those terms was raised by the parties to the original Fixed Price Agreement contract, and ordered the plaintiff to pay the supplier with money held in trust, as well as the receiver of the bankrupt bunker company.
Full SummaryLever v. Mehr and Qaderi
Précis: The Ontario Superior Court of Justice awarded judgment for damages arising from negligent operation of two jet skis rented from the plaintiff.
R v. Reddick, 2018 CanLII 111732
Précis: The Provincial Court of Newfoundland and Labrador acquitted the accused when the Crown failed to prove beyond a reasonable doubt the alleged offence under the Marine Mammal Regulations.
Full Summary