Marley Co. v. Cast North America (1983) Inc. et.al., No. T-2718-93

In Admiralty Jurisdiction on (Updated )

The Plaintiff in the case had entered into a contract with CAST for the carriage of a container of goods from Illinois to Holland via Montreal. CAST in turn entered into a contract with a rail carrier for carriage of the container to Montreal. The container was damaged while being loaded in Illinois. The Plaintiff joined both CAST and the …

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Key Marine Industries Ltd. v. The "Glen Coe", (1995), 92 F.T.R. 313, (F.C.T.

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

The Plaintiff in this matter applied for default judgment against the Defendants. The Plaintiff had effected service of the Statement of Claim on the ship but had not served the owners and no Statement of Defence had been filed. The filing of a defence would have amounted to an appearance in the action by the owners and would have converted …

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Donohue Inc. v. The "Ocean Link", No. T-1692-92, (F.C.T.D.)

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

In this matter the Court refused a motion for a stay of Third Party proceedings on the grounds that, first, the Court could not determine on the evidence before it whether a contract with a jurisdiction clause existed and, second, it was likely that if the stay was granted two separate actions would proceed.

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Conagra International S.A. v. Seamotion Navigation Ltd., 1995 CanLII 1789 (BC SC)

In Arbitration/Jurisdiction Clauses in Maritime Law on (Updated )

In this matter the Defendant shipowner attempted to enforce an arbitration agreement contained in a charter party. The case concerned a shipment of wheat from Canada originally intended for Iraq. The case was unusual in that, because of the embargo on shipments to Iraq, the shipment was resold at sea and redirected to Malta. New bills of lading were issued …

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Dupras v. Bezzina, No.214/91, (Ont.Ct. Gen. Div.).

In Collisions and Ships on (Updated )

This case dealt with an interesting issue concerning the validity and applicability of section 572 of the Canada Shipping Act. Section 572 provides for a two year limitation period in actions involving, inter alia, personal injury suffered by a person on board a vessel. The Plaintiffs had rented a vessel which went dead and was struck by the Defendant’s vessel. …

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Huxley v. Aquila Air Ltd., 1995 CanLII 1008

In Carriage of Goods by Air on (Updated )

This was a fatal accident claim brought by the children of the deceased, Mr. Huxley, who died in the crash of a commercial aircraft operated by the Defendant, Aquila Air Ltd., on a flight from Nanaimo to Vancouver. The Defendant sought a determination by the Court that the Defendant’s liability was governed by the Federal Carriage By Air Act which …

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Gaudet v. Gallien Boats Ltd., 1995 CanLII 3457

In Ship Building and Repair on (Updated )

This was an action against a boat builder for damages in negligence and for breach of the implied warranties under the Sale of Goods Act. The Defendant had installed a breather on the Plaintiff’s engine. The motor was subsequently damaged when a nut from the breather became lodged in a piston. The Defendant was held liable for the damages.

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Fraser River Pile & Dredge Ltd. v. Empire Tug Boats Ltd., 92 F.T.R. 26, (F.C.T.D.)

In Tug and Tow on (Updated )

The tug owner was held liable when the crane on a barge hit and damaged the Cambie Street bridge. The Court held the tug owner had a duty to inspect the tow, including the height of the crane, to ensure it was suitable for the intended voyage. The Court further considered the nature of the liability of a tug owner …

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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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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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