Appeals - Admiralty Law

Canadian Maritime Law - Interjurisdictional Immunity - Maritime - Navigation - Shipping

Desgagnés Transport Inc. v. Wärtsilä Canada Inc., 2019 SCC 58

In Admiralty Jurisdiction, Admiralty Practice, Appeals, Constitutional Cases on November 28, 2019

Précis: The Supreme Court of Canada held that provincial law, and not Canadian maritime law, governed the sale of a marine engine crankshaft.

Royal Bank of Canada v. Seamount Marine Ltd., 2019 FC 1043

In Appeals, Other Practice Topics, Stays of Proceedings on August 2, 2019

Précis: The Federal Court stayed proceedings after an equitable mortgagee failed to appeal its unsecured status by a the trustee in bankruptcy.

Irreparable Harm - Motion - Stay - Vessel Sale

Worldspan Marine Inc. v. Sargeant, 2019 FCA 207

In Admiralty Jurisdiction, Appeals, Judicial Sales on July 17, 2019

Précis: The Federal Court of Appeal allowed a motion to vary the allocation of proceeds of sale from a vessel.

Accept Service - Directed Verdict of Acquittal - Summary Conviction - Undertaking

R. v. M/V The Marathassa, 2019 BCSC 386

In Admiralty Jurisdiction, Appeals on March 12, 2019 (Updated March 24, 2019)

Précis: The B.C. Supreme Court held that a second notice of appeal could be served on counsel for the defendant ship as personal service on the defendant ship was not realistically available to the Crown.