Précis: The BC Supreme Court upheld a bylaw of the harbour board and ordered an assignment of a powerboat slip to the plaintiff.
Full SummaryAvic Catic Beijing Cl. Ltd. v. Hong Xing (Vessel), 2018 FC 774
Précis: The Federal Court dismissed the third party’s motion to strike the plaintiffs’ statement of claim on the basis of delay in the prosecution of their claim, and ordered the matter to proceed pursuant to mandatory scheduling orders.
Full SummaryElroumi v. Shenzhen Top China Imp & Exp Co., Ltd China, 2018 FC 633
Précis: The Federal Court struck those parts of a statement of claim relating to road and rail carriers on the grounds that it lacked jurisdiction.
Full SummaryJones Marine Group Ltd. v. Canada (Transport, Infrastructure and Communities), 2018 FC 613
Précis: The Federal Court refused to set aside an order for the removal of a sunken tug boat.
Full SummaryR v. Gettle, 2018 BCSC 1221
Précis: The B.C. Supreme Court found the accused guilty of operating a vessel in a manner dangerous to the public and causing bodily harm.
Full SummaryBritish Columbia v. Administrator of the Ship-source Oil Pollution Fund, 2018 BCSC 793
Précis: The province was permitted to restore the corporate owner of a derelict vessel but the restoration was without prejudice to the subrogated rights the SSOPF had acquired against the Province while the corporate owner was dissolved.
Full SummaryBroadgrain Commodities Inc. v. Continental Casualty Company, 2017 ONSC 4721, 2018 ONCA 438
Précis: The Ontario Court of Appeal confirmed a judgment of the Superior Court holding that a cargo underwriter was not liable under a cargo policy for damage caused during transit when the insured/vendor had been paid in full by the buyer of the cargo.
Full SummaryBaril v. Beaumier, 2018 QCCQ 3111
Précis: The defendant vessel was found 100% at fault for a collision with a stationary vessel.
Full SummaryR v. MV Marathassa, 2018 BCPC 125
Précis: The court held that the Charter rights of the accused were infringed when Transport Canada inspectors seized evidence without a warrant.
Full SummaryMackenzie v. Canada (Transportation Safety Board), 2018 FC 322
Précis: The Federal Court refused to quash a warrant granted by the provincial court on the grounds that it was a collateral attack on the order of the provincial court.
Full Summary