Docks Wharves and Marinas

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.

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Blackwell v. Genier, 2020 ONSC 1170

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

Précis: 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)

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

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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.

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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.

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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)

Précis: 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.

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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.

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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.

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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.

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