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.Full Summary
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.
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.Full Summary
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.Full Summary
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.Full Summary
Précis: The Federal Court refused to stay proceedings under section 46 of the Marine Liability Act where a strong cause was shown.Full Summary
Précis: The Ontario Court of Justice held that valid provincial law applied to unloading activities of a stevedoring company operating on federal property.Full Summary
Précis: The Supreme Court of Newfoundland and Labrador held the defendant insurer did not have to cover a loss from an excluded risk that was incorporated by reference to the original insuring agreement.Full Summary
Précis: The Supreme Court of British Columbia granted an interlocutory injunction against two barges located on Crown land.Full Summary
Prećis: The Federal Court set bail for release of a ship and ordered security for costs relating to a charter dispute that was subject to London Arbitration.Full Summary
Précis: A claim for breach of a personal obligation can be advanced in rem provided the Court has jurisdiction.Full Summary