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Canadian Maritime Law, Admiralty Law and Shipping Law

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Engine Failure - Litigation Privilege -

Kreig v. Shallon Marine Service, 2021 BCSC 670

In Experts and Expert Evidence, Experts and Expert Evidence, Marine Insurance, Other Practice Topics, Other Practice Topics on April 13, 2021

Précis: The Supreme Court of British Columbia held that a portion of a marine survey report on engine failure analysis was covered by litigation privilege.

Full Summary
Definition of Navigable Water - Navigable waters - Part of an Aqueous Highway - Riparian

Blackwell v. Genier, 2020 ONSC 1170

In Docks Wharves and Marinas, Injunctions, Other Practice Topics on November 13, 2020

PrĂ©cis: The definition of “navigable water” in the Canadian Navigable Waters Act has replaced the common law test of navigability that the waterway must be part of an aqueous highway.

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Expulsion - Membership - Moorage - Slip - Society

Brun v. Deep Cove Yacht & Sport Club, 2019 BCSC 1409

In Docks Wharves and Marinas on August 22, 2019 (Updated August 26, 2019)

PrĂ©cis: The plaintiff’s membership at the defendant yacht club was reinstated despite being in arrears on moorage payment.

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
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
Berthage - Commercial Fishing Vessels - Harbour - Moorage

Steveston Harbour Authority v. Medanic Fisheries Ltd., 2019 BCSC 304

In Docks Wharves and Marinas, Injunctions on January 18, 2019 (Updated March 07, 2019)

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.

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Bylaws - Moorage - Powerboats - Sail boats - Societies

Dauphinee v. White Rock Harbour Board, 2018 BCSC 1286

In Docks Wharves and Marinas on July 31, 2018 (Updated November 06, 2018)

Précis: The BC Supreme Court upheld a bylaw of the harbour board and ordered an assignment of a powerboat slip to the plaintiff.

Full Summary
Contempt for Failure to Remove Vessel - Dilapidated Vessels - Marinas - Recovery of Actual legal fees - Summary Judgment

Shelburne (Town) v. The Farley Mowatt, 2017 FC 1184

In Docks Wharves and Marinas on December 21, 2017 (Updated April 11, 2018)

Précis: The plaintiff was awarded berthage costs and the costs of cleanup, security and maintenance of the defendant ship.

Full Summary
Float Homes - Marinas - Moorage Agreements

Moray Channel Enterprises Ltd. v. Gordon, 2017 FC 250

In Docks Wharves and Marinas on March 1, 2017 (Updated April 11, 2018)

Précis: The plaintiff marina was given judgement for mooring charges owed despite some irregularities in its accounting.

Full Summary
Judicial Review of Truck Licencing Decision by Port Authority

Goodrich Transport Ltd. v. Vancouver Fraser Port Authority, 2015 FC 520

In Docks Wharves and Marinas on April 22, 2015 (Updated June 04, 2015)

Précis: The court set aside the decisions of the Port Authority denying licences to the applicants and ordered that their applications be reconsidered.

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