Précis: The Federal Court held that a pilot whose certificate of competency issued under the Canada Shipping Act, 2001 had expired was nevertheless a “licensed pilot” within the meaning of the Pilotage Act with the result that the pilot was entitled to limit his liability and the ship owner was liable for his negligence.
Full SummaryNavigation Madeleine Inc. v. Canada, [2005] FCA 10
The issue in this case was whether the ship “C.T.M.A. Vacancier” which operated on a route from the Iles-de-la-Madeleine to Montreal was a “ferry” within the meaning of the Pilotage Act and the Laurentian Pilotage Authority Regulations and therefore exempt from compulsory pilotage. The Federal Court of Appeal reviewed the relevant statutory provisions and dictionary definitions of “ferry” and concluded …
Full SummaryHolt Cargo Systems Inc. v. The "Brussel", 2000 CanLII 14954
This was a hearing to determine priorities to the sale proceeds of the Defendant vessel. The claimants and their claims were: Holt Cargo Systems for costs of sale and Marshall’s expenses; Halifax Port Corporation for port dues owed by the "Brussel" and her sister ships; Atlantic Pilotage Authority for pilotage services rendered to the "Brussel" and her sister ships; American …
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