R v. The Point Vibert, [2000] N.S.J No. 147

In Pollution (Ship Source) on (Updated )

This is a rare case in which a ship was found not guilty for discharging a pollutant. The Court found that although the pollutant emanated from the ship the cause of the pollution was the failure of shore based personnel to stay at their posts. Specifically, the procedure set up for the fuelling operation was for the shore based personnel …

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Canada v. J.D. Irving Ltd., [1999] 2 FC 346

In Pollution (Ship Source) on (Updated )

This decision disposes of motions for summary judgement brought by the various Defendants. The matter arose out of the sinking of the "Irving Whale", a tank barge, on September 7, 1970, while under tow of the tug "Irving Maple" from Halifax, Nova Scotia to Bathurst, New Brunswick. At the time of the sinking she was loaded with 4,297 long tons …

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R. v. The Elm, (May 5, 1998) Nfld. Prov. Ct.

In Pollution (Ship Source) on (Updated )

In this matter the "Elm", a lumber carrier, and her Master, Chief Engineer and Second Engineer were charged with various pollution offences. The charges arose when a Fisheries Surveillance aircraft observed an oil slick off the south coast of New Foundland on November 23, 1996. The slick was approximately 20 metres in width and 59 nautical miles long. The Fisheries …

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Newfoundland Processing Ltd. v. The "South Angela",, [1997] 1 FC 154

In Pollution (Ship Source) on (Updated )

The issue in this case was who was responsible for an oil spill that occurred at the Come By Chance Oil refinery. The spill resulted after the Defendant vessel had discharged its cargo of crude and was involved in a line draining process. The Court held that both the Plaintiff and Defendant were equally at fault. The Plaintiff was at …

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R. v. The "Front Climber", [1995] N.B.J. No. 249, (N.B. Prov.Ct.)

In Pollution (Ship Source) on (Updated )

The "Front Climber" pleaded guilty to a charge of pollution under the Canada Shipping Act. Approximately 25 to 30 litres of oil had been discharged in St. John harbour. The cause of the discharge was a failure to fully close a valve. The ship was fined $2,000. An interesting point in the case was whether the ship could be given …

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R. v. The "Argus", [1995] N.B.J. No. 507

In Pollution (Ship Source) on (Updated )

The ship "Argus" pleaded guilty to an accidental discharge of 3 to 5 barrels of oil into the waters of St. John harbour. The cause of the discharge was a crew member opening the wrong valve. The Court analyzed the various factors that should be taken into account in sentencing and ultimately ordered a fine of $23,000. An interesting issue …

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