Newfoundland Recycling v. Her Majesty the Queen (Attorney General for Canada), 2008 NLTD 38

In Pollution (Ship Source) on (Updated )

This was an appeal from a judgment finding the Appellant guilty of depositing a deleterious substance (oil) in water frequented by fish contrary to the Fisheries Act. The offence occurred when a vessel that the Appellant had been dismantling for salvage sank at the wharf. The Appellant argued, inter alia, that it was not the owner of the vessel. The …

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Canada v. Administrator of the Ship Source Oil Pollution Fund, 2007 FC 548

In Pollution (Ship Source) on (Updated )

This was an action by the Crown challenging the adequacy of an offer of compensation made by the Administrator of the Ship Source Oil Pollution Fund pursuant to the provisions of the Marine Liability Act. The issue in this application was whether the named Respondent should be the Administrator or the Attorney General of Canada. The Court held that the …

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R v. The "Tahkuna", 2002 CanLII 54007

In Pollution (Ship Source) on (Updated )

This was an appeal of sentence imposed by a Provincial Court Judge. The Defendant ship was charged under the Oil Pollution Prevention Regulations of the Canada Shipping Act. The charges stemmed from a spill of approximately 1,000 litres of fuel during refuelling operations. The cause of the spill was that a valve in the overflow line had been inadvertently left …

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R v. Glenshiel Towing Co. Ltd., 2001 BCCA 417

In Pollution (Ship Source) on (Updated )

On December 16, 1997, the tug “Glenshiel” was found heeled over and submerged at her mooring in False Creek, Vancouver. As a result of the sinking a considerable amount of diesel fuel escaped from the vessel into the water and the owner was charged pursuant to s. 668 of the Canada Shipping Act with discharging a pollutant. At trial, the …

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Canada v. J.D. Irving Ltd., [1999] 2 FC 346

In Pollution (Ship Source) on (Updated )

This decision disposes of motions for summary judgement brought by the various Defendants. The matter arose out of the sinking of the "Irving Whale", a tank barge, on September 7, 1970, while under tow of the tug "Irving Maple" from Halifax, Nova Scotia to Bathurst, New Brunswick. At the time of the sinking she was loaded with 4,297 long tons …

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R. v. The Elm, (May 5, 1998) Nfld. Prov. Ct.

In Pollution (Ship Source) on (Updated )

In this matter the "Elm", a lumber carrier, and her Master, Chief Engineer and Second Engineer were charged with various pollution offences. The charges arose when a Fisheries Surveillance aircraft observed an oil slick off the south coast of New Foundland on November 23, 1996. The slick was approximately 20 metres in width and 59 nautical miles long. The Fisheries …

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