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Canadian Maritime Law, Admiralty Law and Shipping Law

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Bail. Reasonably Best Arguable - Charter - Lost Profits

Norstar Shipping and Trading Ltd. v. The Rosy (Ship), 2019 FC 1572

In Admiralty Practice, Arbitration/Jurisdiction Clauses in Maritime Law, Bail on December 9, 2019

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 Summary
Bail - Rem - Sea Trials - Ship - Warrant of Arrest

Provincial Holdings Limited / Gestion Provincial Limitée v. Océan Nouveau-brunswick Inc., 2019 FC 1567

In Admiralty Practice, Bail, In Rem Actions and Arrest on December 6, 2019 (Updated May 05, 2020)

Précis: A claim for breach of a personal obligation can be advanced in rem provided the Court has jurisdiction.

Full Summary
Canadian Maritime Law - Interjurisdictional Immunity - Maritime - Navigation - Shipping

Desgagnés Transport Inc. v. Wärtsilä Canada Inc., 2019 SCC 58

In Admiralty Jurisdiction, Admiralty Practice, Appeals, Constitutional Cases on November 28, 2019

Précis: The Supreme Court of Canada held that provincial law, and not Canadian maritime law, governed the sale of a marine engine crankshaft.

Full Summary

Royal Bank of Canada v. Seamount Marine Ltd., 2019 FC 1043

In Appeals, Other Practice Topics, Stays of Proceedings on August 2, 2019

Précis: The Federal Court stayed proceedings after an equitable mortgagee failed to appeal its unsecured status by a the trustee in bankruptcy.

Full Summary
Additional Work - Invoices - Payment - Port State Control - Ship's Agent

Nirint Inc. (Nirint Canada) v. Mega Throphy Ltd, 2019 FC 1015

In Admiralty Jurisdiction, Other Practice Topics on July 29, 2019

Précis: The Federal Court held a ship’s agent was to be reimbursed for expenses personally paid to correct deficiencies in the ship.

Full Summary
Limitation Fund - Limitation of Liability - Pollution - Ship Owner

Kirby Offshore Marine Pacific LLC v. Heiltsuk, 2019 FC 1009

In Admiralty Practice, Limitation of Liability in Maritime Law, Stays of Proceedings on July 26, 2019

Précis: Claims to Indigenous title will not stay a shipowner’s limitation proceeding from continuing.

Full Summary
Irreparable Harm - Motion - Stay - Vessel Sale

Worldspan Marine Inc. v. Sargeant, 2019 FCA 207

In Admiralty Jurisdiction, Appeals, Judicial Sales on July 17, 2019

Précis: The Federal Court of Appeal allowed a motion to vary the allocation of proceeds of sale from a vessel.

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
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
Default Judgment - Interest - Marine Engine - Simplified Action

2955-9820 Québec Inc. v. Construction Navale Atlantique Inc., 2018 FC 1079

In Admiralty Practice, Other Practice Topics on October 26, 2018 (Updated October 26, 2018)

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 Summary
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    Copyright © League & Williams.
    • 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