The "Front Climber" pleaded guilty to a charge of pollution under the Canada Shipping Act. Approximately 25 to 30 litres of oil had been discharged in St. John harbour. The cause of the discharge was a failure to fully close a valve. The ship was fined $2,000. An interesting point in the case was whether the ship could be given …
Full SummaryMeeker Log and Timber Ltd. v. The "Sea Imp VIII", (1995), 8 B.C.L.R. (3d) 143, (B.C.S.C.)
The Court held that the exchange rate to be used for converting SDRs to Canadian Dollars is the rate in effect on the date the fund is established, whether the fund is established by judgment or payment into court.
Full SummaryQuinn v. Canadian Airlines International, 1994 CanLII 7262
The 72 year old Plaintiff who suffered from advanced osteoporosis sued the Defendant airline. The Plaintiff was a passenger on the airlines charter flight from Toronto to St. Petersburg, Florida which encountered air turbulence. She alleged that, as a result of the turbulence, she suffered a compression fracture of three vertebrae. The Plaintiff contended that the turbulence was an accident …
Full SummaryMeurin v. Canadian Airlines International Inc., (May 13, 1994) No.P9190100730 (Alta. Prov. Ct.)
The Plaintiff purchased a ticket from Canadian Airlines for travel from Calgary to Montreal via Toronto. Canadian Airlines cancelled its flight from Calgary to Toronto and substituted a flight with Air Canada. The Plaintiff delivered her luggage to Air Canada and flew from Calgary to Toronto with Air Canada. Her luggage was to be transferred to Canadian in Toronto as …
Full SummaryBrotchie v. The Karie T, No. T-2369-93 (F.C.T.D.)
In this matter the Court confirmed that the normal order of priorities upon the sale of an arrested vessel is as follows: first, to the Admiralty Marshall for reasonable charges and disbursements; second, to holders of maritime liens such as those arising out of a collision; and third, to holders of registered mortgages.
Full SummaryVan Halderen v. Canada 3000 Airlines Ltd., [1994] B.C.J. No. 2795.
The Plaintiff flew from Vancouver to Costa Rica return with the Defendant airline. The Plaintiff’s luggage was not delivered to him on his return to Vancouver. The Plaintiff did not have the usual baggage tags but his ticket was marked indicating he checked two bags. He sued the Defendant to recover the value of the contents of the bags. The …
Full SummaryGeorge Straith Ltd. v. Air Canada, 1991 CanLII 999
The Plaintiff purchased three cartons of sweaters in Scotland and the seller arranged the shipment through Rockwood International Freight Ltd. The three cartons were delivered to the Defendant, Air Canada, at Heathrow Airport in London and consigned to Rockwood International Freight Inc. at Vancouver. When the three cartons were received, one had been opened and taped and 19 of the …
Full SummaryAir Canada v. Demond, (April 19, 1990) No. 60317 (N.S.Co. Ct.)
The Plaintiff, Air Canada, contracted to deliver video equipment to Concept Music Video in Newfoundland. The Defendant, who had contracted to buy the video equipment from Concept Music Video, instructed Air Canada to transship the equipment from Newfoundland to Halifax for pickup by it. Air Canada did as requested. Concept Music Video then made a claim against Air Canada for …
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