In 1987 the Minister of Fisheries sent the Plaintiff, fishing company, a telex advising that he had authorized the issuance of 4 offshore lobster licences. The Plaintiff then provided the Minister with details of its fishing plans, including the fact that it would be converting its scallop vessels into lobster fishing vessels. After the initial notification, the issuance of the …
Full Summary
These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: brad@marine-law.ca CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Van Duren v. Chandler Marine Inc., 2010 NSSC 139
The plaintiffs contracted with the defendant for the building of a vessel. Upon completion, the vessel was sailed from Dartmouth, Nova Scotia to the island of St. Eustatius in the Netherlands Antilles. The evidence established the vessel experienced a multitude of problems during the voyage and the plaintiffs brought this action in contract and negligence against the shipbuilder. The plaintiffs’ …
Full Summary656925 B.C. Ltd. v. Cullen Diesel Power Ltd., 2009 BCSC 260
This was a summary trial application by the defendant to dismiss the claim of the plaintiff on the basis that the contract of repair between the parties included an exclusion clause. The Court held there was insufficient evidence to grant a summary judgment and dismissed the application. However, in the course of its reasons the Court noted that exclusion clauses …
Full SummaryDeep Shore Marine Contracting Inc. v. The "Polish Princess", 2005 FC 1469
The Plaintiff, a ship repairer, brought this action to recover the amount of unpaid invoices. The Defendant counter-claimed alleging the Plaintiff damaged his vessel by failing to protect it from the elements and further alleging that the Plaintiff unreasonably delayed in completing the repairs causing him to lose a sale of the boat. The Prothonotary decided the issues in favour …
Full SummaryRough Bay Enterprises Ltd. v. Budden et al., 2003 BCSC 1796
The Plaintiff, the purchaser of a barge, sued the Defendants for negligence and breach of contract in the towage of the barge. The Plaintiff purchased the barge from the Defendant Budden for $90,000, paying a $5,000 deposit together with an initial payment of $42,500. The Defendant Budden agreed to tow the barge from Port Alberni to Campbell River with his …
Full SummaryMatson Navigation v. Victoria Shipyard Co., 2001 BCSC 1344
The Plaintiff in this matter claimed that the Defendant Shipyard had obstructed a vent with sandblast grit in the No. 5 port wing ballast tank while sandblasting during a refit. As a result of the obstruction, the ballast tank became over-pressurized during ballasting operations and significant damage was caused to the hull. Upon inspection approximately 76 pounds of compacted sand …
Full Summary