Canadian Maritime Law - Admiralty Law

Desgagnés Transport Inc. v. Wärtsilä Canada Inc., 2019 SCC 58

In Admiralty Jurisdiction, Admiralty Practice, Appeals, Constitutional Cases on November 28, 2019

Précis: The Supreme Court of Canada held that provincial law, and not Canadian maritime law, governed the sale of a marine engine crankshaft.

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Application of Provincial Statutes - Canadian Maritime Law - Workers Compensation

Marine Services International Ltd. v. Ryan Estate, 2011 NLCA 42, 2013 SCC 44

In Constitutional Issues in Maritime Law on August 2, 2013 (Updated July 11, 2012)

Précis: The Supreme Court of Canada held that the bar to litigation in a workers compensation statute was constitutionally valid and applicable to fatal injuries involving crew of a vessel. In so doing the Supreme Court has clarified the constitutional analysis required when dealing with Canadian maritime law and expanded the opportunities for provincial statutes to apply to maritime law matters.

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Application of Provincial Statutes - Canadian Maritime Law - Misrepresentation - Sale of Vessel

9171-7702 Quebec Inc. v. Canada, 2013 FC 832

In Purchase and Sale of Ships on July 30, 2013 (Updated January 29, 2014)

Précis: The Federal Court surprisingly held that the sale of a vessel in Quebec was governed by the Quebec Civil Code.

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Admiralty jurisdiction over agency and fisheries matters" - Application to strike under Rule 221(1)(a) as disclosing no reasonable cause of action Practice - Canadian Maritime Law - Judicial Review/Crown Liability

Radil Bros. Fishing Co. Ltd. v. Her Majesty the Queen et al., 2001 FCA 317

In Fish Cases, Fisheries Practice, Judicial Review/Crown Liability on July 12, 2012 (Updated July 12, 2012)

This case involved an appeal from an order of the trial division of the Federal Court (2000 F.C.J. 1885) allowing an appeal from an order of a Prothonotary (reported at (1999) 175 F.T.R. 182). The alleged facts, as taken from several of the judgements, are quite complicated as the case arose out of what is commonly called a “licence swap” …

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Brokerage contract - Canadian Maritime Law - Jurisdiction

Alcan Primary Metal v. Groupe Maritime Verreault Inc, 2011 FCA 319

In Admiralty Jurisdiction on November 21, 2011 (Updated July 11, 2012)

This case concerned whether the Federal Court had the jurisdiction to determine a dispute between the parties involving alleged breaches of a brokerage contract relating to tugs. The parties had entered into a contract whereby the plaintiff was to be paid a commission in the event that it found a tug or tugs that met the needs of the defendant. …

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Application of Provincial Statutes - Canadian Maritime Law - Occupational Health and Safety

Jim Pattison Ent. v. Workers' Compensation Board, 2011 BCCA 3

In Constitutional Issues in Maritime Law on February 2, 2011 (Updated July 11, 2012)

The central issue in this case was whether and to what extent the British Columbia Occupational Health and Safety Regulation (“OHSR”) of the Workers Compensation Act applied to commercial fishing vessels. It was argued that the OHSR was constitutionally invalid or inapplicable on the grounds that the safety of ships and crew is a matter within the sole jurisdiction of …

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Canadian Maritime Law - Workers Compensation

Laboucane v. Brooks et al., 2003 BCSC 1247

In Constitutional Issues in Maritime Law on August 13, 2003 (Updated July 03, 2012)

The issue in this important summary trial application was whether section 10(1) of the Workers Compensation Act of British Columbia was valid provincial law or whether it was ultra vires the province as infringing upon Federal jurisdiction over navigation and shipping. The underlying facts were that the Plaintiff was injured while performing a welding job on the Defendant’s fishing vessel. …

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