Carriage of Goods by Road

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Carriage of Goods by Road The law applicable to carriage of goods by road depends on whether the carriage is intra-provincial (within a single province) or extra-provincial (between provinces or between a province and a foreign state). Where the carriage is intra-provincial, the law of the province in which the carriage occurs applies and most provinces have legislation addressing the …

Salvage and Wreck

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Salvage and Wreck We are frequently asked questions about the law of salvage and wrecks. These questions are usually something like "If I find a vessel adrift or in trouble and put a line on it or otherwise save it, is it mine?" or "If something washes up on the beach, can I keep it?" or "If I find lost …

Constitutional Issues in Canadian Maritime Law

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Constitutional Issues/Canadian Maritime Law The cases under this topic consider the division of powers between the federal and provincial governments under the Constitution Act in relation to maritime matters. Such issues normally arise where a provincial law of general application purports to apply to a fact situation with a marine component or where a provincial law provides a different remedy …

Pollution

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Pollution Marine pollution is predominantly now governed by statute law but the common law can still have some application. The torts of nuisance, trespass and negligence and the Rylands v Fletcher doctrine still can have some application. The main federal statutes that address pollution from ships are: Canada Shipping Act 2001, Parts 8 and 9 Marine Liability Act, Parts 6 …

Maritime Liens, Mortgages and Priorities

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Maritime Liens, Mortgages and Priorities The substantive law applicable to maritime liens, ship’s mortgages and priorities differs significantly from the law that is applied to land based property as does the procedural law. Mortgages Registered Vessels The law applicable to mortgages on ships is dependant on whether the particular ship is a "registered" vessel under the Canada Shipping Act, 2001. …

Personal Injury in the Marine Context

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Personal Injury Is the Injured Person’s Claim Governed by Part 4 of the MLA? For cases involving personal injury or fatalities to persons on board a ship or caused by a ship, the first step is to determine whether the injured person is a "passenger" within the meaning of Part 4 of the Marine Liability Act. If the injured person …

Marine Insurance

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Marine Insurance Marine insurance in Canada is governed by the Marine Insurance Act which is modeled on the English Act of 1906. Over the years we have prepared various papers relating to marine insurance. Links to these papers are provided below. Readers are cautioned that the papers, though current as of the date prepared, are not updated. Outline of the …

Carriage of Goods by Sea

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Carriage of Goods by Sea Part 5 of the Marine Liability Act (formerly the Carriage of Goods by Water Act) governs the carriage of goods by sea to or from Canada and within Canada. The Act implements the Hague-Visby Rules and provides for the possible future implementation of the Hamburg Rules. Pursuant to the Hague-Visby Rules the carrier of the …

Carriage of Passengers

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Carriage of Passengers The carriage of passengers is regulated by Part 4 of the Marine Liability Act which implements the 1974 Athens Convention relating to the Carriage of Passengers and their Luggage by Sea and the 1990 Protocol and introduces special Canadian amendments. The operative section is Section 37 which gives the Convention and Protocol the force of law in …