March Shipping v. Canada

In Immigration and Shipping on (Updated )

This was a request for judicial review of the filing of a certificate under the Immigration Act requiring the Applicant to post security in the amount of $120,000.00. The certificate was filed against the Applicant as the agent for the owner of a ship. The ship owner became insolvent and eight crew members deserted. The Applicant argued that it was not liable as it had ceased acting as agent for the ship owner upon the insolvency of the ship owner and prior to the desertion of the crew members. The Court held, however, that the Applicant was liable. The Court noted that the term “transportation company” in the Act should be given a broad interpretation and further noted that the Applicant had not advised the Ministry of Citizenship and Immigration that it had ceased acting as agent.