Welcome to AdmiraltyLaw.com. This site is about Canadian maritime law, shipping law, marine law, fisheries law, the law of marine insurance and the law of the sea, ships and shipping. There are over 1,000 cases in our database which we have summarized and categorized. In addition, we have commentaries and papers on various topics of maritime and fisheries law and links to relevant statutes and regulations.

This site is maintained by Darren Williams and Robert Anderson of LeagueLaw.com. The Fisheries Pages are maintained by Brad Caldwell of Caldwell & Co. Please contact us with your comments or suggestions.

Readers are urged to consult CanLii for updates to the cases digested on this site.

Admiralty Practice - Discovery - Procedural Reliability

Carnival Corporation v. Vancouver Fraser Port Authority, 2021 BCSC 643

In Admiralty Practice, Discovery on August 4, 2021

Précis The British Columbia Supreme Court permitted portions of discovery evidence of a deceased master to be admitted at trial.

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Cargo - Germany - Leg - Multimodal - Ocean - Terminal

Iamgold Corporation v. Hapag-Lloyd Ag, 2019 FC 1514, 2021 FCA 110

In Carriage of Goods by Sea, Experts and Expert Evidence on June 2, 2021 (Updated November 29, 2019)

Précis: The Federal Court found that a loss of cargo on the road leg of the carriage was subject to the limitation of liability applicable to road carriage under German law.

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Bill of Lading - Cargo - Carriage of Goods by Water - Contract - Stay

Arc-En-Ciel Produce Inc. v. MSC Belle (Ship) 2020 FC 23, 2020 FC 23, 2021 FCA 70

In Other Practice Topics, Stays of Proceedings on May 14, 2021

Précis: The Federal Court of Appeal found the Federal Court erred in applying the “strong cause” test to a claim under s. 46 of the Marine Liability Act.

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Athens Convention - Carriage by Water - Carriage of Passengers - Contract - Limitation of Liability - Operated for a Commercial Purpose - Personal Injury

Knight v. Black, 2021 BCSC 19

In Carriage of Passengers by Sea on January 24, 2021

Précis: The BC Supreme Court held that the defendant was entitled to limit its liability under the Athens Convention as the injured plaintiff was a “passenger”.

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Agent - Athens Convention - Carrier - Ferry - Servant

Sperling v. Queen of Nanaimo, 2020 BCSC 1852

In Carriage of Passengers by Sea, Uncategorized on November 27, 2020

Précis: The BC Supreme Court could not determine in a summary trial if suppliers of a ferry propulsion system were “agents or servants” of a carrier for the purposes of the Athens Convention, holding it required a full trial to do so.

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Arrest - Loading - Weight - Yacht Transport

United Yacht Transport LLC v. Blue Horizon Corporation, 2020 FC 1067

In Admiralty Jurisdiction, In Rem Actions and Arrest, In Rem Actions and Arrest, Uncategorized on November 18, 2020Leave a Comment

Précis The Federal Court found the defendants liable for unpaid fees owing to the plaintiff yacht transporter.

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Definition of Navigable Water - Navigable waters - Part of an Aqueous Highway - Riparian

Blackwell v. Genier, 2020 ONSC 1170

In Docks Wharves and Marinas, Injunctions, Other Practice Topics on November 13, 2020

Précis: The definition of “navigable water” in the Canadian Navigable Waters Act has replaced the common law test of navigability that the waterway must be part of an aqueous highway.

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Port Worker - Security Clearance - Stare Decisis

Canadian Maritime Workers Council v. Canada (Attorney General), 2020 FC 177

In Other Practice Topics on November 13, 2020 (Updated January 30, 2020)

Précis: The Federal Court rejected Charter arguments where the same arguments had been determined by a higher Court and the arguments were not based on enumerated or analogous grounds.

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Cabotage - Coasting Trade - Judicial Review - Marine Activities of a Commercial Nature - Standby

Global Marine Systems Ltd. v. Canada (Transport), 2020 FC 414

In Judicial Review, Other Practice Topics on March 25, 2020

Précis: The Federal Court found that standby activities of a vessel in Canadian waters were marine activities of a commercial nature and a violation of Canadian cabotage laws.

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Cargo - Carriage - Freight Forwarder - Himalaya Clause - Shipments - Terms

Labrador-Island Link General Partner Corporation v. Panalpina Inc., 2019 FC 740, 2020 FCA 36

In Limitation Periods in Maritime Law on February 4, 2020 (Updated June 07, 2019)

Précis: The Federal Court of Appeal dismissed an appeal of a decision of the Federal Court which found that a claim brought against a freight forwarder and preforming carrier was subject to a 9 month limitation period and therefore time barred.

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