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.
Full SummaryLabrador-Island Link General Partner Corporation v. Panalpina Inc., 2019 FC 740, 2020 FCA 36
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 SummaryG C Lobster Ltd. v. B Atkinson Boat Builders Limited, 2019 NSSC 342
Précis: The Supreme Court of Nova Scotia found the plaintiff owed the defendant for sums due and owing after numerous non-fundamental breaches of the build contract despite the contract being mutually repudiated.
Full SummaryElroumi v. Shenzhen Top China Imp & Exp Co. Ltd., 2019 FCA 281
Précis: The Federal Court of Appeal affirmed that claims against road carriers were not claims under Canadian maritime law.
Full SummaryCanadian Maritime Engineering Ltd. v. Intact Insurance Company, 2019 NSSC 328
Précis: The Supreme Court of Nova Scotia held that the defendant insurer had a duty to pay the plaintiff’s reasonable defence costs to defend a claim for damages to a DFO vessel while docked at the plaintiff’s ship yard.
Full SummaryBrun v. Deep Cove Yacht & Sport Club, 2019 BCSC 1409
Précis: The plaintiff’s membership at the defendant yacht club was reinstated despite being in arrears on moorage payment.
Full SummaryJean Riley v. New Wave Expeditions Inc., 2019 QCCS 3697
Précis: The Quebec Superior Court could not strike a claim arising from a river rafting excursion where the underlying facts, which determined the applicable limitation period, were disputed.
Full SummaryR. v. Kirby Offshore Marine Operating LLC, 2019 BCPC 185
Précis: A tug owner pled guilty to three offences and was fined over $2.9 million in relation to the discharge of fuel and lubes from a sunken tug.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. Cormorant (Ship), 2019 FC 977
Précis: The Federal Court refused a motion for judicial sale of an arrested vessel pendente lite where the sale would not abate the costs or liabilities of its arrest.
Full SummaryCanada (Ship-Source Oil Pollution Fund) v. M.V. Matterhorn Limited, 2019 FC 926
Précis: The Federal Court discontinued the plaintiff’s action on the ground that the parties reached settlement on confidential terms out of Court.
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