Précis: The British Columbia Supreme Court upheld a local bylaw that prohibited long term moorage but allowed temporary moorage.
Full SummaryLepage v. Bowen Island Municipality, 2018 BCSC 613
Précis: The British Columbia Supreme Court refused to strike a Notice of Civil Claim, suggesting that permission from the Receiver of Wrecks to destroy a vessel might not be a defence to a claim for conversion.
Full SummaryAdventurer Owner Ltd. v. R., 2017 FC 105, 2018 FCA 34
Précis: The Federal Court of Appeal upheld a decision of the Federal Court that: (1) the Crown was not liable for damages caused to a ship running aground on an un-charted shoal in the Arctic when the shoal had been the subject of a Notice to Shipping; and (2) the ship was liable to the Crown for the costs of pollution abatement.
Full SummaryAdministrator of the Ship-Source Oil Pollution Fund v. Beasse, 2018 FC 39
Précis: The court held the defendant owner liable for pollution clean up costs following the sinking of a tug, rejecting the owner’s allegation the sinking was due to the deliberate act of a third party.
Full SummaryR v. Alassia New Ships Management Inc., 2018 BCPC 5
Précis: The court declared that service of a summons on the ship’s Master was valid service on the accused operator of the ship.
Full SummaryShelburne (Town) v. The Farley Mowatt, 2017 FC 1184
Précis: The plaintiff was awarded berthage costs and the costs of cleanup, security and maintenance of the defendant ship.
Full SummaryAlassia Newships Management Inc. v. British Columbia, 2017 BCSC 2181, 2018 BCCA 92
Précis: The British Columbia Supreme Court dismissed an application for certiorari and prohibition relating to an order of a Justice of the Peace validating service of a summons against a ship manager by serving a Master of a managed ship. On appeal, the Court of Appeal held the ship manager had not been properly served and the Provincial Court was without jurisdiction.
Full SummaryITB Marine Group Ltd. v. Northern Transportation Company Limited, 2017 BCSC 2007
Précis: The British Columbia Supreme Court held that the unpaid vendor of marine assets sold to the bankrupt and secured by a registered security interest had priority over the claims of the administrator of the pension plan of the bankrupt.
Full SummaryOddy v. Waterway Partnership Equities Inc., 2017 BCSC 1879
Précis: The British Columbia Supreme Court dismissed an action against the owner of a rented houseboat for personal injuries suffered by a renter when a mooring stake broke loose under strain and hit the plaintiff.
Full SummaryCertain Underwriters at Lloyd's and Soline Trading Ltd. v. Mediterranean Shipping Company S.A., 2017 FC 460, 2017 FC 893
Précis: The Federal Court held it had no jurisdiction to adjudicate a third party claim for indemnity brought by the ocean carrier against a trucker who took delivery of the cargo either unlawfully or negligently.
Full Summary