Précis: The Federal Court determined that s. 46 of the Marine Liability Act does not apply to waybills or other similar shipping documents.
Full SummaryFennelly v. Lloyd's Underwriters, 2021 NLSC 160
Précis: The Supreme Court of Newfoundland and Labrador dismissed a claim against the defendant insurer for want of prosecution.
Full SummaryCarnival Corporation v. Vancouver Fraser Port Authority, 2021 BCSC 643
Précis: The British Columbia Supreme Court permitted portions of a deceased master’s discovery evidence to be admitted at trial.
Full SummaryDavy Global Fund Management Limited v. Michele Bottiglieri Armatore S.p.A., 2021 FC 789
Précis: The Federal Court dismissed a motion for release of an arrested vessel without bail.
Full SummaryArc-En-Ciel Produce Inc. v. MSC Belle (Ship) 2020 FC 23, 2020 FC 23, 2021 FCA 70
Précis: The Federal Court of Appeal found the Federal Court erred in applying the “strong cause” test to a claim under s. 46 of the Marine Liability Act.
Full SummaryO'Leary v. Ragone, 2021 FC 185
Précis The Federal Court denied granting an order for production of provincial police and crown information relating to a high-profile vessel collision.
Full SummaryBlackwell v. Genier, 2020 ONSC 1170
Précis: The definition of “navigable water” in the Canadian Navigable Waters Act has replaced the common law test of navigability that the waterway must be part of an aqueous highway.
Full SummaryGlobal Marine Systems Ltd. v. Canada (Transport), 2020 FC 414
Précis: The Federal Court found that standby activities of a vessel in Canadian waters were marine activities of a commercial nature and a violation of Canadian cabotage laws.
Full SummaryMidnight Marine Limited v. Aviva Insurance Company of Canada, 2019 NLSC 228
Précis: The Supreme Court of Newfoundland and Labrador held the defendant insurer did not have to cover a loss from an excluded risk that was incorporated by reference to the original insuring agreement.
Full SummaryHer Majesty the Queen v B & B Barges Ltd., 2019 BCSC 2160
Précis: The Supreme Court of British Columbia granted an interlocutory injunction against two barges located on Crown land.
Full Summary